McGinnis v. General Exchange Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that testimony that relies on subjective, self-serving, and anecdotal evidence is inconsistent with the strictures of Smith and unhelpful
• explaining that, under Smith, the actual fee charged—including any discounted rate—is “clearly not dispositive” but is “a factor to be considered” when “determining -8- what constitutes a fee customarily charged in the locality for similar legal services”
• remanding an action involving an award of case evaluation sanctions for an evidentiary hearing because it was unclear from the attorney’s billing records which tasks could be taxed as costs because the billing entries lumped several tasks together
• the burden of establishing that attorney fees are reasonable rests with the party requesting the fees
• “Although the cost of trial transcripts constitutes a taxable cost in an appeal, it is inappropriate to include the cost of transcripts prepared for an appeal as costs recoverable by the prevailing party in a civil action.”
• “It is . . . unclear whether costs were taxable for work attributable to assistants, because Malzahn’s bill does not specify whether the time was spent preparing him to express an opinion or merely for assembling data.”

Source: CourtListener parenthetical corpus (CC0).