Shelby McBride v. Housing Authority of the County of Jackson

Summary

The United States District Court for the Southern District of Illinois partially granted Shelby McBride’s second motion for attorney fees following remand under 28 U.S.C. § 1447(c). The court approved the calculation method based on a proportional share of counsel’s salary and overhead, but reduced the requested hours after identifying an arithmetic error in the time log. The court awarded $11,325.37 in attorney fees and expenses, including fees incurred litigating the fee request.

Holdings

1. When counsel works for a legal-aid organization that does not bill clients like a traditional law firm, fees under § 1447(c) are properly calculated using a proportional share of the attorney's salary and related benefits plus attributable overhead costs.
2. A plaintiff seeking fees under § 1447(c) bears the burden of proving the amounts actually incurred, and the Court may tailor documentation requirements to the stakes involved.
3. Fees incurred litigating a fee request may be awarded when the opposing party acts overly aggressively or arbitrarily in contesting the fees; on the facts presented, Defendant's extensive challenges justified an award of such fees.

Questions Presented

1. What method should be used to calculate attorney fees under 28 U.S.C. § 1447(c) when counsel works for a legal-aid organization that does not bill clients at traditional hourly rates?
2. What number of compensable hours should be used to calculate Plaintiff's award, including whether fees incurred litigating the fee motions may be recovered?

Disposition

other