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First Circuit Upholds Trial Court's Reduction of Fee Award to Pension Fund
Wolters Kluwer Law & Business May 7, 2014 "While the appellate court commented that this reduction of the lodestar was 'unusually large,' it nevertheless found the trial court's two-pronged rationale for the reduction to be within that court's discretion. First, the fund's victory on the merits was a partial one: it was awarded about $27,000 in damages, having sought nearly $200,000. Second, the trial court noted the initial lodestar amount ($84,657) dwarfed the size of the damage award. The trial court was within its discretion to consider proportionality as one factor in determining the fee award[.]" [Central Pension Fund of the Int'l Union of Operating Engineers and Participating Employers v. Ray Haluch Gravel Co., No. 11-1944P2-01A (1st Cir. Mar. 11, 2014)] |
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