11th Circuit Nixes Attorney Fee, Although Paralegal Won OT Pay From Law Firm
Sometimes a reasonable attorney fee is no attorney fee, a federal judge said when attorney Rudy Barack sought attorney fees after winning $3,500 for a paralegal seeking overtime pay from a Florida law firm.
And the Atlanta-based 11th U.S. Circuit Court of Appeals apparently agrees, upholding in an opinion (PDF) earlier this week a federal trial court decision not to award Barack a penny of the $14,640 he had sought in legal fees and costs under the Fair Labor Standards Act.
The problem was, Barack never made a demand on Tampa-based Prugh Holliday & Karatinos before filing suit to obtain overtime pay for the paralegal, reports the Tampa Bay Business Journal. His client, Christine Sahyers, had reportedly asked him not to contact the firm.
“This court will not permit lawyers to file unnecessary litigation and palm it off on their clients,” writes U.S. District Judge James Moody of the Middle District of Florida, in the fee denial opinion that led to the 11th Circuit appeal.
Related coverage:
Tampa Bay Business Journal: “Labor violation common? Law firms may skirt regulations”
Updated at 9:45 p.m. on March 6 to add link to subsequent related article.
