Dist. Ct. did not err in directing defendant-City to pay $467,973.45 in plaintiff’s attorney’s fees, even though Dist. Ct. had reduced by 70 percent plaintiff’s fee request in plaintiff’s action seeking to require defendant to approve plaintiff’s applications for licenses to operate community center. While plaintiff obtained said licenses as result of instant litigation, plaintiff originally sought up to $2.44 million in damages, which was ultimately reduced to $363,000 demand at end of 9-year period of litigation, prior to plaintiff accepting defendant’s $40,001 offer to settle case. Instant 70 percent reduction in applicable lodestar amount was not abuse of discretion given significant reduction in recovery from plaintiff’s seven-figure demands. Moreover, plaintiff had achieved main objective of obtaining licenses early in litigation process, and thus Dist. Ct. could properly find that plaintiff’s attorneys never had realistic valuation of case, and that parties might have settled case earlier had plaintiff been more concerned with resolving case.
Federal 7th Circuit Court
Civil Court
Attorney Fees