From Casetext: Smarter Legal Research

Howe v. Hoffman-Curtis

United States Court of Appeals, Fifth Circuit
Jan 30, 2007
215 F. App'x 341 (5th Cir. 2007)

Summary

finding that "given the nature of claims under the FLSA, it is not uncommon that attorney fee requests can exceed the amount of judgment in the case by many multiples," and upholding the district court's award of $129,805.50 in attorney's fees with damages of $23,357.30

Summary of this case from Meesook v. Grey Canyon Family Med., P.A.

Opinion

No. 05-21091, Summary Calendar.

January 30, 2007.

Howard Lynn Steele, Jr., Caldwell Clinton, Houston, TX, for Plaintiff-Appellee.

Levon G. Hovnatanian, Kevin Graham Cain, Martin, Disiere, Jefferson Wisdom, Anthony L. Laporte, Hanszen Laporte, Houston, TX, for Defendants-Appellants.

Appeal from the United States District Court for the Southern District of Texas, Houston Division, 4:03-cv-04298.

Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.


In this appeal, Defendants-Appellants challenge the district court's award of attorney fees to the successful plaintiff on her F.L.S.A. claims as excessive. The plaintiff was awarded $23,357.30 in damages and $129,805.50 in attorneys' fees.

We review the District Court's award of attorney's fees for abuse of discretion and its factual findings for clear error. Saizan v. Delta Concrete Prods. Co., 448 F.3d 795, 800 (5th Cir. 2006). There is a strong presumption that the lodestar award established by the district court is the reasonable fee. Heidtman v. County of El Paso, 171 F.3d 1038, 1044 (5th Cir. 1999). The defendants have raised no arguments sufficient to overcome this presumption. We do not consider the defendants' arguments based on alleged faulty billing records because they were not raised in the district court. The district court considered the degree of success obtained by Howe on her claims in its reduction of the requested fee for time related to her unsuccessful attempt to pursue the case as a collective action. The failure of Howe to recover overtime pay for every overtime hour originally claimed does not require a reduction of the lodestar award. Singer v. City of Waco, 324 F.3d 813, 829-830 (5th Cir. 2003). Finally, based on our review of the record presented to the district court, the court did not clearly err in concluding that the balance of the hours and fees requested by Howe's attorneys were reasonable and necessary to the pursuit of her F.L.S.A. claim, particularly noting the length of time it took to bring the case to trial. Given the nature of claims under the F.L.S.A., it is not uncommon that attorney fee requests can exceed the amount of judgment in the case by many multiples. See Fegley v. Higgins, 19 F.3d 1126, 1134-35 (6th Cir. 1994) (Affirming award of $7,680 in overtime compensation and $40,000 in attorneys' fees.); Cox v. Brook-shire Grocery Co., 919 F.2d 354, 358 (5th Cir. 1990) (Affirming award or $1,181 in overtime compensation and $9,250 in attorneys' fees.); Bonnette v. Cal. Health Welfare, 704 F.2d 1465, 1473 (9th Cir. 1983) (Affirming award of $18,455 in damages and $100,000 in attorneys' fees.). The district court was in the best position with its superior understanding of the litigation to judge the appropriateness of the fee award. Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983). Finding no abuse of discretion, we affirm. AFFIRMED.


Summaries of

Howe v. Hoffman-Curtis

United States Court of Appeals, Fifth Circuit
Jan 30, 2007
215 F. App'x 341 (5th Cir. 2007)

finding that "given the nature of claims under the FLSA, it is not uncommon that attorney fee requests can exceed the amount of judgment in the case by many multiples," and upholding the district court's award of $129,805.50 in attorney's fees with damages of $23,357.30

Summary of this case from Meesook v. Grey Canyon Family Med., P.A.

upholding the district court's award of $129,805.50 in attorney's fees with damages of $23,357.30

Summary of this case from Meesook v. Grey Canyon Family Med., P.A.

affirming award of $125,805.00 in attorneys' fees where the plaintiff recovered $23,357.30 in damages and noting that "it is not uncommon that attorney fee requests can exceed the amount of judgment in [FLSA] case by many multiples"

Summary of this case from Robinson v. Nexion Health at Terrell Inc.

affirming fee award of $129,805.50 on judgment of $23,357.30

Summary of this case from Phillips v. Pearson's Painting, Inc.

affirming attorney fees of and $129,805.50 on $23,357.30 in damages

Summary of this case from Morales v. Farmland Foods, Inc.
Case details for

Howe v. Hoffman-Curtis

Case Details

Full title:Maggie HOWE, On Behalf of Herself and Others Similarly Situated…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 30, 2007

Citations

215 F. App'x 341 (5th Cir. 2007)

Citing Cases

Saavedra v. Richards

"Given the nature of claims under the FLSA, it is not uncommon that attorney's fee requests will exceed the…

Meesook v. Grey Canyon Family Med., P.A.

Furthermore, the court considers all of these factors while keeping in mind that it is common for FLSA…