Summary
This United States District Court order grants the defendant's motion in limine to exclude the plaintiff's attorney fee billing records from trial evidence. The court reasoned that under Louisiana law governing open account claims, the determination of reasonable attorney's fees is reserved for the judge to decide via a post-trial Rule 54(d) motion, rather than an issue for the jury to resolve during trial. Consequently, the plaintiff is barred from introducing the fee records at trial but may seek fees through the appropriate post-judgment motion if it prevails on its underlying claim.
Topics
Practice areas
Questions Presented
- Whether a jury should determine the amount of attorney's fees awarded on a successful open account claim, or whether that issue is left to the court under Federal Rule of Civil Procedure 54(d).
Holdings
- The court granted the motion in limine, excluding the fee records, and held that the amount of attorney's fees will be determined on a Rule 54(d) motion after trial, not by the jury.
Key quotations
“The amount of reasonable attorneys’ fees in [a] suit on an open account is left to the sound discretion of the trial judge.”
“Because the Court finds that it would be inappropriate for the jury to determine the amount of attorney’s fees owed FSC if FSC prevails on its open account claim, the Court need not address whether there was good cause for FSC to amend its exhibit list to include the Fee Records.”
Factual background
FSC Interactive sought to introduce its counsel's billing records (the "Fee Records") at trial on an open account claim under Louisiana law. The defendant, Rogers Collective, objected, arguing the records were untimely, overly redacted, and that attorney fees should be determined by the court, not a jury. The trial date was continued, and FSC eventually produced the records, leading to the present motion in limine.
Procedural history
The parties filed a motion in limine seeking to exclude FSC's attorney fee records. The court held a status conference, ordered production of the records, and then decided the motion.