Cruz v. English Nanny & Governess School

Citations

• 2020 Ohio 4216

Syllabus

Remittitur attorney fees appellate attorney fees economic damages intentional infliction of emotional distress lodestar contingency-fee agreement. Trial court on remand did not abuse its discretion by reinstating economic damages that had previously been remitted where evidence demonstrated that the jury's award of economic damages was supported by the evidence, was not excessive and because the plaintiff did not consent to remittitur in lieu of a new trial. Trial court acted within its discretion in awarding seven-eighths of the plaintiffs' lodestar fee where evidence showed that only one factor weighed in favor of a reduction of the full lodestar amount. Trial court abused its discretion in awarding attorney fees to co-counsel's firm where the record lacked evidence demonstrating that the work itemized in the attorney fee bill was necessary to the plaintiffs' success at trial or that the hourly rates were reasonable. The trial court abused its discretion in awarding appellate attorney fees where plaintiffs' claims did not involve a remedial statute and appellate attorney fees are generally not recoverable.