65 results for 'cat:"Employment" AND cat:"Attorney Fees"'.
J. Richardson grants the sued transportation company’s motion for summary judgment but denies its request for attorney fees without prejudice in this lawsuit brought by two former employees. The suing truck drivers bring claims for race discrimination, retaliation and hostile work environment. However, the court finds that they have not provided “direct evidence of race discrimination.” Also, the evidence does not sufficiently show that one of them was terminated for discriminatory reasons or that the other should have “felt compelled to resign” due to the alleged name-calling.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: May 9, 2024, Case #: 3:21cv262, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, attorney Fees
J. Drozd awards $355,000 in attorney fees and costs to a carhop who won her sexual harassment and discrimination against Sonic. The requested $405,000 in fees is reduced, in part, based on a reduction in certain billed hours.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: April 30, 2024, Case #: 2:16cv740, NOS: Employment - Civil Rights, Categories: employment Discrimination, attorney Fees
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: Civil Procedure, employment, attorney Fees
J. Devaney finds that an administrative law judge (ALJ) improperly determined that an individual was not entitled to pandemic unemployment benefits in a matter in which the ALJ held that the individual must repay $24,690 in pandemic unemployment benefits he received from the South Dakota Department of Labor, Reemployment Assistance Division. However, the lower court properly determined attorney fees. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: April 10, 2024, Case #: 2024SD19, Categories: employment, Covid-19, attorney Fees
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J. North grants a request by two employees who prevailed in an overtime-pay suit against their employer at a residential heating, air conditioning, and ventilation installer, awarding them $23,000 in attorney fees and costs. The requested $37,000 in fees and costs is reduced, in part, by a reduction in hourly rates.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: April 10, 2024, Case #: 2:22cv3953, NOS: Fair Labor Standards Act - Labor, Categories: employment, attorney Fees, Labor
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: employment, attorney Fees, Contract
J. Manasco denies a logistics company’s renewed motion for judgment as a matter of law and its motion for a new trial; grants in part its motion for a remittitur in this ADA and FMLA employment dispute brought by a former employee. The evidence presented to the jury was sufficient enough to show the company’s failure to notify the employee of his FMLA interference claim. The company argues that the jury’s verdicts for FMLA interference and retaliation claims were inconsistent and irreconcilable because the employee failed to give proper notice of his surgery. The jury’s award of compensatory and punitive damages for the ADA claims is to be reduced and may not exceed $300,000. The court grants the employee’s motion for attorney fees and expenses and his motion to alter or amend the final judgment. The employee is awarded $210,560 in attorney fees and $10,822.71 in expenses.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 27, 2024, Case #: 2:20cv543, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, attorney Fees, employment Retaliation
[Consolidated.] J. Viramontes holds that the trial court must revisit its denial of an employee's attorney fee request after he was awarded $7,600 in wages. Statute entitles employees who prevail on minimum and overtime wage claims to reasonable attorney fees and costs, and the trial court must determine how much of the $323,000 the employee requested is reasonable. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 25, 2024, Case #: B322697, Categories: employment, attorney Fees
[Consolidated.] J. Rothschild holds that a hospital properly relied on statutory due process requirements when conducting a peer review that resulted in the suspension of a doctor's hospital privileges. The trial court rightly granted the hospital nonsuit on the doctor's common law peer review claims and denied her motion for leave to amend after trial began. But the trial court improperly awarded attorney fees to the hospital's medical staff on the peer review claims, which were tenable. Reversed in part.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: March 19, 2024, Case #: B316313, Categories: employment, attorney Fees
J. Colloton finds a lower court properly awarded attorney's fees to a female police officer on retaliation claims against a city. The city argued that the lower court erred in denying its motion for summary judgment. However, the police officer sufficiently showed in court the the city's motion is untimely, and that she is entitled to an award for administrative fees. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: March 11, 2024, Case #: 23-1553, Categories: attorney Fees, employment Retaliation
J. Boulee partially grants the former employee's motion for attorney fees and costs in a disability discrimination and employment retaliation action against the sheriff. The employee is awarded $287,000 in attorney fees. The employee's motion for prejudgment interest on her lost wages and reinstatement is granted in the amount of $8,000. The jury found that the employee would be capable of performing her job duties if reinstated.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: March 6, 2024, Case #: 1:20cv186, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, attorney Fees, employment Retaliation
J. Goethals holds that the trial court improperly awarded a business $180,000 in costs after rejecting employment claims from a person it determined was an independent contractor, not an employee. The business filed a motion for attorney fees, which was denied, but failed to file a requisite motion for costs. Reversed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: February 5, 2024, Case #: G061425, Categories: employment, attorney Fees
J. Morrison awards litigant counsel $176,132 in attorney fees and expenses after its client, a female former real estate agent, prevailed on her employment retaliation claim at trial and was awarded $787,000 in damages. The court finds the requested hourly rates and number of hours performed were, for the most part, reasonable, applying only a slight reduction to the hourly rates for one of the team’s associates.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: January 23, 2024, Case #: 2:18cv1390, NOS: Employment - Civil Rights, Categories: attorney Fees, employment Retaliation
J. Lanza partly grants a former U.S. Human Rights Network executive director's motion for attorney's fees following her termination. The executive director sufficiently showed in court that the network may have misclassified her role as an independent contractor, but failed to show that she was entitled to sanctions to stop her employer's representation from publicly smearing her name.
Court: USDC Arizona, Judge: Lanza, Filed On: January 12, 2024, Case #: 2:20cv757, NOS: Other Labor Litigation - Labor, Categories: employment, Sanctions, attorney Fees
[Consolidated.] J. Castillo finds that the trial court gave an erroneous special jury instruction that misstated the legal expectations bank customers have to privacy in the financial documents they provide to banks. Bank customers have a constitutional right to privacy, but it is not unconditional and the extent of their expectation of privacy requires fact-finding. So the trial court must revisit whether a bank president owned information about his account that a purported whistleblower copied and removed from the bank. The trial court also erred in its instructions about the elements required to support an affirmative whistleblowing defense. Reversed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: December 29, 2023, Case #: D080136, Categories: employment, Privacy, attorney Fees
J. Merkl awards a restaurant employee $169,773 in attorney fees and $8,062 in costs after he prevailed at trial on his claims for unpaid overtime wages, spread of hours and failure to provide a time-of-hire notice. He won $618,888 in damages. The court finds both his counsels’ hourly rates and billed hours to be excessive compared to similar cases filed in the district and applies a 25% reduction to their requested amount.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: December 15, 2023, Case #: 1:20cv1319, NOS: Fair Labor Standards Act - Labor, Categories: employment, attorney Fees, Labor
J. Rice finds that the district court properly reversed an agency denial of an employee's demand for six years of backpay. The three-year lookback limit of the Wage Payment Act does not apply to an employee grievance filed through the agency's grievance process. But the district court must revisit its attorney fee award to the employee to find whether an exception to the American Rule was established. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: December 12, 2023, Case #: DA 23-0057, Categories: employment, attorney Fees
J. Pfeiffer finds that the lower court properly found for a legislative analyst who claims he was fired for his anxiety issues, which led him to ask for an accommodation to allow him to work in a quiet office space. The analyst presented substantial evidence that he never had any performance issues, and that his requested accommodation of an office with a door to prevent repeated interruptions and reduce noise was reasonable. The matter is remanded to allow the lower court to calculate attorneys fees owed to the analyst for prevailing on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 12, 2023, Case #: WD85799, Categories: Ada / Rehabilitation Act, employment Discrimination, attorney Fees
Per curiam, the circuit finds the district court properly dismissed the retaliation and hostile work environment claims filed by the former employee. The parties had previously entered into a binding settlement agreement via email, under which the employee agreed to dismiss all claims in all cases in exchange for the employer’s agreement to forego attorneys’ fees in all actions.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 8, 2023, Case #: 21-20628, Categories: Settlements, attorney Fees, employment Retaliation
J. Scullin awards a 66-year-old deputy superintendent back pay and front pay in the form of $4,000 yearly pension fund payments until 2042 after a jury found New York’s corrections department liable on her single claim for retaliation after she was demoted. The court further awards her $58,230 in attorney fees and costs.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: December 6, 2023, Case #: 1:20cv155, NOS: Employment - Civil Rights, Categories: Damages, attorney Fees, employment Retaliation
J. Boulee denies the employer's motion for attorney fees after a jury found in its favor in a race discrimination action brought by the ex-employees alleging that they were wrongfully terminated. The employer's motion was filed 24 days after final judgment was entered in the case, therefore the motion is not timely. Even if the motion was timely, an award of attorney fees would not be appropriate because the case was not frivolous. The former employees' motion for a new trial is also denied.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: November 17, 2023, Case #: 1:21cv5191, NOS: Employment - Civil Rights, Categories: employment Discrimination, attorney Fees