Summary
This Opinion and Order addresses Plaintiff Misty Blanchette Porter’s motion for attorney fees and bill of costs following a jury trial. The jury found in Dr. Porter’s favor on her disability-discrimination claim under the Vermont Fair Employment Procedures Act and awarded $1,125,000 in damages, while rejecting her other claims and request for punitive damages. The document recounts the case’s procedural history and analyzes the standards governing reasonable attorney fees and litigation costs.
Court
United States District Court for the District of Vermont
Jurisdiction
United States District Court for the District of Vermont
Decision date
November 26, 2025
Docket number
2:17-cv-194
Disposition
other
Questions Presented
- What amount of attorney fees was reasonable under the Vermont Fair Employment Procedures Act after Dr. Porter prevailed on one of six interrelated claims?
- Whether the lodestar should be reduced for excessive, vague, block-billed, duplicative, or otherwise unreasonable time entries and staffing.
- Whether the attorney-fee award should be reduced based on Dr. Porter's partial success and the amount of damages recovered.
- Whether Dr. Porter was entitled to supplemental attorney fees incurred litigating the fee application and other post-trial motions.
- Whether prejudgment or postjudgment interest should be awarded on the attorney-fee award and what interest rate applied.
- Which litigation expenses were recoverable as taxable costs under 28 U.S.C. § 1920.
Holdings
- A prevailing plaintiff in a VFEPA action may recover reasonable attorney fees, calculated by determining reasonable hourly rates and reasonable hours, with appropriate adjustments for exceptional circumstances and the results obtained.
- The lodestar must be reduced by 20% to account for vague and block-billed entries, duplicative attendance at depositions, substitution of counsel before trial, excessive preparation of the opening statement and discovery materials, and excessive work on the fee motion.
- Because Dr. Porter prevailed on only one of six claims, received less than the amount sought, and did not receive punitive damages, the revised lodestar warranted an additional 10% reduction.
- Dr. Porter was entitled to recover reasonable attorney fees incurred from May 8 through July 1, 2025, in litigating the fee application and other post-trial motions, subject to the same reasonableness review and a 20% reduction.
- Prejudgment interest was denied, but postjudgment interest was allowed from April 24, 2025, at the federal rate specified by 28 U.S.C. § 1961.
- Recoverable costs include properly documented deposition and trial transcript fees, clerk and docket fees, witness fees, and the documented service fee, while unsupported copy charges and other inadequately documented expenses were not awarded.
Court Document
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