· 9/4/2007
United Automobile Workers Local 259 Social Security Department v. Metro Auto Center
Citations
- 501 F.3d 283
- 41 Employee Benefits Cas. (BNA) 1830
- 2007 U.S. App. LEXIS 21084
- 2007 WL 2472237
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the lodestar calculation applies to entries of default judgment
- noting that the “starting point for determining the amount of a reasonable fee is the lodestar calculation,” which is “the reasonable number of hours expended on the litigation multiplied by a reasonable hourly rate.” (internal quotation marks omitted)
- “§ 1132(g)(2) was enacted to encourage employers to make timely contributions, assist plans in their recovery of delinquent contributions, and discourage excessive litigation by defendants”
- “Because the focus is on the ‘degree of success,’ and not success as defined in absolute numbers, this comparison [of the damages award to the fees requested] does not necessitate proportionality.”
- “[W]e emphasize that the adverse party’s submissions cannot merely allege in general terms that the time spent was excessive.” (internal quotation marks and citation omitted) (alteration in original)
- “Because the focus is on the ‘degree of success,’ and not success as defined in absolute numbers, this comparison [of the damages award to the fees requested] does not necessitate proportionality.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Chagares, Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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