Driscoll v. George Washington University
2014 U.S. Dist. LEXIS 119616
| D.D.C. | 2014Background
- FLSA case against GWU for overtime under FLSA, DCWPLA, and DCWPCL, settled February 28, 2014 under a Confidential Settlement Agreement providing for attorney’s fees and costs.
- Plaintiffs sought fees after settlement; defendant opposed; court granted in part, awarding $387,710.48 in fees and $13,510.42 in costs.
- Courts previously held Driscoll v. George Washington Univ. proceedings, including partial dismissal and class/collective determinations, informing the current fee issues.
- Fee litigation centered on whether to use lodestar or percent-of-fund methodology, with lodestar ultimately adopted.
- Court adjusted hours (removing clerical tasks and certain unsuccessful claims work) and adjusted hourly rates by year and by attorney to compute the overall lodestar.
- Travel costs are compensable at half the hourly rate; mediator fees were allocated per the settlement and are recoverable by plaintiffs
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the proper method to calculate fees? | Plaintiffs urge lodestar method as standard. | Defendant favors percent-of-fund. | Court uses lodestar; percent-of-fund rejected for FLSA fee awards. |
| Are the claimed hours reasonable and properly documented? | Hours mostly reasonable; documentation adequate; minor reductions acknowledged. | Hours include clerical/non-legal tasks and inefficiencies. | Court approves most hours but reduces for clerical tasks and for unsuccessful class certification/amendment work. |
| How should hours for unsuccessful claims be treated? | Unsuccessful DCWPLA claim work related to successful claims; should be compensable. | Unsuccessful class-certification/amendment work should be excluded. | Fees for related unsuccessful claims allowed where tied to successful claims; reductions permitted for clearly ancillary work. |
| What is the reasonable hourly rate and which Laffey matrix applies? | DC Laffey matrix should apply; use historic rates by year; NY rate not appropriate. | NY rates argued; possible use of 2014 matrix. | DC Laffey matrix applies; use historical years (rates by work year); adjust for year of service. |
| What about travel and mediator costs? | Travel costs at half-rate; mediator fees recoverable as costs. | Mediator costs disputed as paid by GWU; seek reduction. | Travel costs allowed at half rate; half of mediator costs allocated to plaintiffs; full costs awarded. |
Key Cases Cited
- Laffey v. Northwest Airlines, Inc., 746 F.2d 4 (D.C.Cir. 1984) (fee shifting aims to compensate reasonable attorney’s fees; lodestar favored)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (reasonable fee must reflect results and necessitates reasonable hours)
- Swedish Hosp. Corp. v. Shalala, 1 F.3d 1261 (D.C.Cir. 1993) (percent-of-fund not appropriate in statutory fee awards)
- Millea v. Metro-N. R. Co., 658 F.3d 154 (2d Cir. 2011) (fee awards should not scale with modest recoveries; lodestar favored)
- In re InPhonic, Inc., 674 F. Supp. 2d 273 (D.D.C. 2009) (fees for related non-DCCPPA claims may be recoverable when underlying facts overlap)
- Covington v. District of Columbia, 57 F.3d 1101 (D.C.Cir. 1995) (three-element test for reasonable hourly rate; market rates compatibility)
- Williams v. First Gov’t Mortgage & Investors Corp., 225 F.3d 738 (D.C. Cir. 2000) (fees proportionality questions in fee awards; but not by recovery amount)