Haddad v. Wal-Mart Stores, Inc. (No. 2)

Summary

The Supreme Judicial Court of Massachusetts considers the plaintiff’s request for appellate attorney’s fees and costs after prevailing in an employment discrimination appeal. The court awards $154,912 in attorney’s fees and $5,923.63 in costs, after reducing the requested amount for excessive preparation, duplication, unnecessary tasks, and excessive staffing. Postjudgment interest accrues from the date of entry of the order, which is to be enforced by the Berkshire Division of the Superior Court Department.

Holdings

1. A prevailing plaintiff in a discrimination claim under G. L. c. 151B is entitled to an award of reasonable attorney's fees and costs for appellate proceedings, including reasonable fees incurred in pursuing recovery of attorney's fees.
2. The reasonable fee is determined by assessing objectively reasonable hours and hourly rates, using the lodestar method as the basic calculation and considering the nature and complexity of the case, time and labor, damages, result obtained, counsel's experience and reputation, prevailing rates, comparable awards, and the statutory and public interests involved.
3. Block billing is disfavored, but a court need not impose an across-the-board reduction when the entries adequately describe short-duration tasks and the court can reasonably apportion the time among them.
4. The court may reduce a fee request for excessive preparation, excessive attorney communication, unnecessary staffing, duplicative or unnecessary tasks, inadequately documented work, and unreasonable costs, while evaluating the bill as a whole rather than item by item.
5. Postjudgment interest on the appellate attorney's-fee and cost award accrues from the date of entry of the fee order.

Questions Presented

1. Whether a prevailing plaintiff in a gender-based employment-discrimination action under G. L. c. 151B is entitled to reasonable attorney's fees and costs for appellate proceedings.
2. What amount of appellate attorney's fees and costs was reasonable in light of the work performed, counsel's rates and experience, the result obtained, documentation, duplication, staffing, and unnecessary work.
3. Whether postjudgment interest on the fee award accrues from the date of entry of the fee order.

Disposition

other