Monday, August 08, 2011

Fifth Circuit -- Sylvester McClain, et al v. Lufkin Industries Inc.

Sylvester McClain, et al v. Lufkin Industries Inc.

Where abundant and uncontradicted evidence proves the need to retain out-of-area counsel, fees should be calculated based on the fees in counsel's home area.

On remand, trial court should not consider a Perdue variation upward in lodestar to assure equal compensation for plaintiffs and defts.

No error where the 300 day limit on back pay is calculated from a member of the class who did not exhaust administrative remedies. 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.