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When Is No Fee A Reasonable Fee? 11th Circuit s Guidance On Reasonableness In FLSA Attorneys Fees Cases - Employment and HR

To print this article, all you need is to be registered or login on Mondaq.com. On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney s fees dispute, the Eleventh Circuit Court of Appeals, in  Batista v. South Florida Womans Health Associates, Inc., struck another blow against unreasonable plaintiffs counsel seeking reasonable fees. Mitzy Batista appealed the district court s finding that it would be unreasonable to award her counsel, Elliot Kozolchyk, any attorney s fees given his conduct during litigation filed under the FLSA. Ultimately, the Eleventh Circuit remanded the case to the district court to make necessary findings of fact and to issue its

Guidance on Reasonableness in FLSA Attorneys Fees Cases Released

Advertisement When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases Wednesday, March 3, 2021 On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in  Batista v. South Florida Womans Health Associates, Inc., struck another blow against unreasonable plaintiffs’ counsel seeking “reasonable” fees. Mitzy Batista appealed the district court’s finding that it would be unreasonable to award her counsel, Elliot Kozolchyk, any attorney’s fees given his conduct during litigation filed under the FLSA. Ultimately, the Eleventh Circuit remanded the case to the district court to make necessary findings of fact and to issue its ruling regarding whether the employer had mailed a replacement check. However, in doing so, the Eleventh Circuit provided additional analysis as to when reasonable attorneys’ fees in an

11th Circ Revives Atty s Fee Bid After Judge Awarded Him $0

ADVERTISEMENT 11th Circ. Revives Atty s Fee Bid After Judge Awarded Him $0 Law360 (February 1, 2021, 11:32 PM EST) The Eleventh Circuit revived a lawyer s attempt to secure attorney fees for his time working on a $551 Fair Labor Standards Act suit for his client, finding Monday that a key part of the district court s decision not to give the attorney anything relied on unsubstantiated claims. In an unpublished, unanimous decision, the panel found that the lower court magistrate judge took as fact the claim made by the defendant, South Florida Woman s Health Associates Inc., that it mailed a paycheck to the last known address of plaintiff Mitzy Batista, even though this claim was never supported by the medical practice..

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