Monday, February 10, 2025

Court Rules That Seasoned Federal Middle District Attorneys Can Expect Hourly Rates of $375 Per Hour For Attorney's Fees Requests


In the case of Holmes v. American Homepatient, Inc., No. 4:21-CV-01683 (M.D. Pa. Jan. 28, 2025 Brann, C.J.), the court granted, in part, a Plaintiff’s Motions for Attorney’s Fees Under 42 U.S.C. §1988.

In his decision, Chief Judge Brann reviewed a Plaintiff’s law firm’s request for $2.45 Million Dollars in attorney’s fees and allowed for such fees but cut down the amount requested to just over $250,000.00. In coming to amount of fees awarded, the court reduced the hourly rates pled and the hours logged.

This attorney’s fees request came after the Plaintiff prevailed in a hostile work environment case against her former employer. According to the below cited article on this case, while the Plaintiff had originally secured a verdict that included $20 million dollars in punitive damages and $500,000.00 in compensatory damages, in another, previous decision rendered in this case, the court subsequently reduced that verdict to $1 million dollars.

After reviewing attorney's fees awards in the Federal Middle District Court of Pennsylvania for the past five (5) years, Chief Judge Matthew W. Brann determined in this matter that the district court regularly awarded attorney fee rates ranging from $100.00 to $375.00 depending upon skill, experience, the complexity of the case, and other factors.

Chief Judge Matthew W. Brann
M.D.Pa.

In this case, finding that the Plaintiff’s lead attorneys, who have been practicing for twenty-eight (28) years and twenty-four (24) years respectively, the court awarded those attorneys hourly rates of $375.00 per hour. The lesser involved attorneys with lesser experience were awarded hourly rates of $300.00 per hour and $250.00 per hour. The court also reduced the paralegal hourly rates down to $150.00 per hour and $115.00 per hour, based upon the factors noted.

The court otherwise cut down purported travel time and other hours of work on post-trial motions. Chief Judge Brann noted that many of the post-trial motions were not complex and did not propose novel questions.

The court also agreed with the Defendant’s argument that, overall, the fees requested should be slashed by 5% because of the Plaintiffs’ attorneys’ use of quarter-hour and half-hour increments for billing.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


Source: Article – “Judge Tanks Prevailing Pittsburgh Attorneys’ $2.45M Fee Request to $250K,” by Riley Brennan, The Legal Intelligencer (Jan. 29, 2025).

Source of top image:  Photo by Towfiqu Barbhuiya on www.pexels.com.

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