In Viveros v. Donahoe, CV, 2013 WL 1224848 (C.D. Cal. Mar. 27, 2013), plaintiff, after prevailing in a pregnancy discrimination case, sought a fee award of $440,570 under 42 U.S.C. § 2000e-5(k). Plaintiff sought a rate of $500 per hour for its lead attorney ("Yun") and sought compensation for a total of 1235.6 billable hours.
Making its own independent inquiry and relying on Jim King's expert opinion, the Court found that plaintiff's time entries evidenced "a pattern of billing more hours than reasonably necessary to complete the tasks described." The court reduced the total number of chargeable hours by 40%. Viveros v. Donahoe, 2013 WL 1224848 at *6.
The court also reduced the requested $500 hourly rate for plaintiff's lead attorney to $350 per hour:
Because plaintiff has not adduced adequate evidence to corroborate the hourly rate requested for Yun, and because defendant's evidence and the published data indicate that the prevailing rate in the community for similar work performed by attorneys of comparable skill, experience, and reputation is lower than $500, the court will award fees to plaintiff for Yun's services at the hourly rate of $350. Based on the case law cited above, the evidence adduced by defendant, the published data, and the court's own experience and knowledge of rates in the community, the court finds that this hourly rate more accurately represents prevailing market rates for comparable services.
Viveros v. Donahoe, 2013 WL 1224848 at *5.
The Court awarded plaintiff $217, 273 in attorneys' fees, $3,870 in law clerk fees, and $4,250 in expert fees.
James King's trial testimony as a legal expert has been praised by juries and judges for his unique ability to distill complex legal issues into understandable concepts. A graduate of Stanford Law School (Order of the Coif, Law Review), Mr. King has consistently qualified as an expert whenever his testimony has been offered. His 30+ years of experience and knowledge are reflected in his assignments: he has supervised and coordinated billion dollar litigation and has arbitrated or testified in over 250 legal fee and malpractice claims (with hundreds of millions of dollars at issue). Superior Court Judges have chosen Mr. King to work confidentially with them as a Special Master in a number of serious criminal cases, including homicide and judicial bribery. He has testified extensively in Federal and State Courts, and also has appeared as an expert before the U.S. Tax Court, the U.S. Patent and Trademark Office, and the High Court of Kenya.
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