In an appeal from a reduction of an attorney-fee award in an unpaid-overtime situation, the Fifth Circuit affirmed. To name a few issues, it noted the interaction of the needed “lodestar” estimation with other variables to be considered later on in the evaluation: “As to the fifteen-percent reduction of the lodestar under the Johnson stars, the magistrate judge bewared to avoid so-called ‘dual counting’ to the degree that a factor was currently made up in the preliminary lodestar determination. Amongst the factors that were not currently subsumed by the lodestar computation, the magistrate judge stressed that the success accomplished is the most vital variable and afterwards also considered the novelty of the concerns and also preclusion of other work.” Rodney v. Elliott Safety Solutions, No. 20-30251 (April 1, 2021) (unpublished).
Released at Mon, 05 Apr 2021 13:24:11 +0000