133 So. 3d 109
La. Ct. App.2014Background
- Expropriation case where LSU Board seeks to take 1732 Canal Street property for University Medical Center.
- First appeal affirmed jury award of $9,566,640 as total just compensation; post-judgment issues remained.
- Board challenged post-trial expert fees and costs; 1732 Canal sought attorneys’ fees on appeal and increased fees.
- Trial court awarded 18% of additional just compensation as attorneys’ fees and various expert fees/costs.
- Four testifying experts (Cantrell, Thorns, Williams, Blazek) and non-testifying consultant Hamill billed substantial fees; out-of-state Cantrell charged higher than in-state peers; many preparatory/depositions-related hours contested.
- Court affirms expert fees and costs in general and remands for determination of additional attorneys’ fees for post-judgment appellate work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court created a new standard for expert fees. | Board argues new standard improperly awards all invoiced fees. | Cantrell contends standard allows reasonable documented fees. | Trial court did not abuse discretion; not a new, improper standard. |
| Reasonableness of Cantrell’s out-of-state fee. | Board says out-of-state fee inappropriate where in-state appraisers available; Cantrell’s $91,707.00 excessive. | 1732 Canal argues unique property justified Cantrell’s expertise; deduction made for Cantrell’s travel is proper. | No abuse; deducting $40,940.13 for Cantrell’s out-of-state status upheld. |
| Recovery of preparatory time consulting with counsel by experts. | Board claims preparatory time with counsel is not recoverable. | Expert consultation aiding trial preparation is recoverable as part of trial prep. | Court did not abuse discretion; allowances for counsel consultations upheld. |
| Exhibits not introduced into evidence—are exhibit-related costs recoverable? | Board seeks reduction; many exhibits not admitted should be non-recoverable. | Demonstratives and exhibits vital to trial presentation are recoverable. | Award for Hamill’s exhibit-related costs upheld; not reduced. |
| Appellate attorneys’ fees issue scope and remand for post-judgment fees. | 1732 Canal seeks increased appellate attorneys’ fees beyond 18%. | Board argues 18% award was final; no cross-appeal on that point. | Review limited to the post-judgment appellate fees; remanded to trial court to determine additional appellate attorneys’ fees. |
Key Cases Cited
- State v. St. Charles Airline Lands, Inc., 871 So.2d 674 (La. App. 5 Cir. 2004) (identifies factors for assessing expert fees in expropriation cases)
- Nelken v. State, Dep’t of Transp. and Dev., 628 So.2d 1279 (La. App. 3 Cir. 1993) (usefulness of expert testimony; excluded calculations not used by others)
- Monteleone, State, Dep’t of Transp. and Dev., 106 So.3d 173 (La. App. 5 Cir. 2012) (remand for attorneys’ fees on appeal for expropriation cases)
- Delaney v. Whitney National Bank, 703 So.2d 709 (La. App. 4 Cir. 1997) (exhibit costs; not all exhibits admitted may be taxed as costs)
- Town of Krotz Springs v. Weinstein, 401 So.2d 664 (La. App. 3 Cir. 1981) (reasonableness of expert time; not all charged time recoverable)
- Yuspeh v. Koch, 848 So.2d 96 (La. App. 5 Cir. 2003) (expert fees recoverable; actual invoiced time not determinative)
- Restructure Partners, L.L.C. v. State, Dep’t of Transp., 985 So.2d 212 (La. App. 1 Cir. 2008) (expert fees recoverable if reasonably necessary to presentation)
- Watters v. Department of Social Services, 15 So.3d 1128 (La. App. 4 Cir. 2009) (outlines general costs-review framework for expert fees)