Covington v. McNeese State University
118 So. 3d 343
La.2013Background
- Covington, a prevailing ADA plaintiff, sought attorney fees for six attorneys after protracted litigation.
- District court awarded fees at $240/hour and denied enhancements, reducing lead counsel hours by 20%.
- Court of Appeal increased lead hours to 5,489.5 and raised the rate to $265/hour, also granting a 9.5% enhancement.
- The case proceeded to the Louisiana Supreme Court to address the fee-award calculation standards.
- The central dispute concerns the use of lodestar—hours times rate—and whether enhancement is warranted under Perdue.
- The majority reinstates the district court’s judgment; no abuse of discretion found regarding hours, rate, or lack of enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of hours in lodestar | Covington contends lead counsel’s 20% reduction was warranted due to inexperience. | McNeese argues the reduction was excessive and not supported by record. | No abuse; 4,391.6 hours reinstated. |
| Reasonable hourly rate for Lake Charles | Covington urges $265/hour as prevailing rate for civil rights work in the area. | McNeese asserts $240/hour is warranted given competing evidence. | District court’s $240/hour upheld; no abuse in rate. |
| Availability of enhancement to lodestar | Covington argues exceptional results justify enhancement under Johnson factors. | McNeese contends Perdue limits enhancements to rare, exceptional cases. | No enhancement; district court’s lodestar-alone award reinstated. |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar basis; reasonable hours and rates; discretionary adjustments)
- Blum v. Stenson, 465 U.S. 886 (1984) (prevailing market rate; rate setting principles)
- Perdue v. Kenny A ex rel. Winn, 559 U.S. 542 (2010) (rare and exceptional circumstances for enhancements; lodestar sufficiency)
- Delaware Valley Citizens’ Council for Clean Air v. Pennsylvania, 478 U.S. 546 (1986) (strong presumption the lodestar is reasonable; enhancements unusual)
- Alberti v. Klevenhagen, 896 F.2d 927 (5th Cir. 1990) (fee rate determination; community standards for comparable skills)
- McClain v. Lufkin Indus., Inc., 649 F.3d 374 (5th Cir. 2011) (competent counsel; importance of attracting qualified lawyers in fee shifting)