Summary
The United States District Court for the Middle District of Pennsylvania awarded attorney’s fees and costs following a default judgment in favor of Christopher C. Taylor on his Pennsylvania Human Relations Act claim against KNB’s Inflatables Please, LLC. The court reduced counsel’s requested hourly rate from $600 to $400 and reduced compensable hours from 84.3 to 67.4 to exclude work primarily related to unsuccessful claims against State College Borough. The court awarded $26,960 in attorney’s fees, $1,933.80 in taxable costs, and $2,223.73 in litigation expenses.
Topics
Practice areas
Questions Presented
- What reasonable hourly rate should be used to calculate Taylor's attorney's fees?
- Whether hours spent pursuing unsuccessful claims against State College Borough should be excluded or reduced from the fee award against KNB.
- Whether Taylor was entitled to recover the requested litigation costs and expenses.
Holdings
- The court reduced counsel's requested hourly rate from $600 to $400 as the reasonable rate for the services in this case.
- The court reduced compensable hours from 84.3 to 67.4 by striking or reducing time spent pursuing claims against State College Borough, while allowing time that also related to establishing damages against KNB.
- The court awarded $26,960 in attorney's fees, calculated as 67.4 hours multiplied by a $400 hourly rate.
- The court awarded all requested costs and expenses, allocating $1,933.80 as taxable costs under 28 U.S.C. § 1920 and $2,223.73 as litigation expenses under 42 U.S.C. § 12205.
Key quotations
“The lodestar is presumed to be the reasonable fee.”
“Where the plaintiff has failed to prevail on a claim that is distinct in all respects from his successful claims, the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee.”
Factual background
Taylor alleged that KNB, a mall-based playground business, denied him access because he used a service dog. He also alleged claims against State College Borough based on the responding police officer's conduct. KNB ultimately stopped participating in the litigation, while the Borough obtained summary judgment. Taylor obtained default judgment against KNB and a $25,000 PHRA damages award.
Procedural history
Taylor brought disability-discrimination claims under Title III of the Americans with Disabilities Act and the Pennsylvania Human Relations Act against KNB, and claims under Title II of the ADA and the PHRA against State College Borough. The court granted the Borough summary judgment. After KNB failed to participate and failed to respond to an amended complaint, the Clerk entered default and the court entered default judgment, later awarding Taylor $25,000 after a damages hearing. Taylor then moved for attorney's fees and costs.