Martin O. Washington v. Philadelphia County Court of Common Pleas, Martin Washington

89 F.3d 1031, 1996 U.S. App. LEXIS 16286, 76 Fair Empl. Prac. Cas. (BNA) 151, 1996 WL 380594
CourtCourt of Appeals for the Third Circuit
DecidedJuly 9, 1996
Docket95-1613
StatusPublished
Cited by236 cases

This text of 89 F.3d 1031 (Martin O. Washington v. Philadelphia County Court of Common Pleas, Martin Washington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin O. Washington v. Philadelphia County Court of Common Pleas, Martin Washington, 89 F.3d 1031, 1996 U.S. App. LEXIS 16286, 76 Fair Empl. Prac. Cas. (BNA) 151, 1996 WL 380594 (3d Cir. 1996).

Opinions

OPINION OF THE COURT

SAROKIN, Circuit Judge:

Appellant filed various claims against his former employer alleging racial discrimination and retaliatory harassment and discharge as a result of his pursuit of discrimination claims in agency proceedings. He eventually prevailed on the retaliation claim, though not on the claim of pre-retaliation discrimination. At the conclusion of the proceedings, Appellant petitioned for attorneys’ fees, and his request was reduced by the district court by more than eighty percent. He now appeals the reduction of the fee award.

I. Facts and procedural posture

On June 22,1992, Martin Washington filed an action in the United States District Court for the Eastern District of Pennsylvania against his former employer, the Philadelphia County Court of Common Pleas (the “County Court” or the “Court”). Mr. Washington’s nine-count complaint alleged racially discriminatory acts with respect to employment under both federal and state statutes; retaliatory harassment and discharge after he filed an administrative claim of racial discrimination with the Equal Employment Opportunity Commission and the Pennsylvania Human Rights Commission, under both federal and state statutes; civil rights violations under federal and state statutes; violation of Pennsylvania’s public policy and common law; and breach of contract of employment.

Five of the nine counts were dismissed on summary judgment in June 1993. The ease eventually went to trial in November 1993. At the conclusion of the trial, the jury found that the County Court did not discriminate against Mr. Washington on the basis of race. The jury did find, however, that the Court had unlawfully retaliated against Mr. Wash-. ington for filing his administrative claims, and awarded him compensatory damages of $25,000. After the jury verdict, the district court granted a post-trial Motion for Judgment as a Matter of Law to the County Court setting aside the jury verdict.

Mr. Washington appealed to this Court. We reversed the district court’s order granting the post-trial motion, and reinstated the jury verdict. Washington v. Philadelphia County Court of Common Pleas, 47 F.3d 1163 (3d Cir.1995) [table]. On remand, judgment was entered for Mr. Washington on the verdict.

At the conclusion of these proceedings, Mr. Washington’s lead attorney, Alan B. Epstein, filed a Petition for Attorneys’ Fees claiming that Mr. Washington was the “prevailing party” and seeking a total award of $175,987.50 in attorneys’ fees for himself and two colleagues at the firm of Jablon, Epstein, [1034]*1034Wolf and Drueker.1 Mr. Washington also sought fees of $3060 for Lanier B. Williams, his attorney in the administrative proceedings, as well as $7973.87 in plaintiff costs. Plaintiffs Petition for Attorneys’ Fees and Reimbursement of Costs of Litigation, Washington v. Philadelphia County Court of Common Pleas, No. 92-CV-3637 (E.D.Pa. Apr. 3, 1995) [hereinafter Petition ] (JA 12). The County Court challenged, inter alia, the sum requested for Mr. Epstein and his colleagues, asserting that both the hourly fees and hours requested were excessive. Objections of Defendant, Court of Common Pleas of Philadelphia County to Plaintiffs Petition for Attorneys’ Fees and Reimbursement for Costs of Litigation, Washington v. Philadelphia County Court of Common Pleas, No. 92-CV-3637 (E.D.Pa. Apr. 28, 1995).

On June 30, 1995, the district court entered a memorandum and order on the fee request. Washington v. Philadelphia County Court of Common Pleas, No. 92-CV-3637, 1995 WL 394273 (E.D. Pa. June 30, 1995) (mem.) [hereinafter Memorandum]. The court decreased the number of hours allowable by one half, finding Mr. Epstein’s claim “excessive and unreasonable,” id., typescript at 8, and by an additional fifty percent because Mr. Washington “hardly won a decisive victory in this case.” Id. The court, however, did not extend the fifty-percent reduction to hours claimed in preparation of the fee petition.

Regarding the hourly rates sought by Mr. Epstein and his colleagues, the district court deemed it “impossible to consider [them] as bona fide hourly rates.” Id., typescript at 11. Instead, the court concluded that “a reasonable hourly rate for [Alan B.] Epstein is $175 per hour. A reasonable rate for [Thomas D.] Rapp is $100 per hour. A reasonable rate for [Nancy] Abrams is $85 per hour.” Id., typescript at 12.

Based on its various assessments, the court calculated the amount of the award for Mr. Epstein and his colleagues at $30,389.63, roughly seventeen percent of Mr. Epstein’s request. Id., typescript at 13. In addition, the court disallowed any fee for Mr. Williams, “who unsuccessfully represented Washington at his PHRC hearing,” id.,2 and awarded $7973.97 for plaintiff costs. Id.

Mr. Washington is now appealing the district court’s order reducing the counsel fees. He argues that:

The district court erred as a matter of law in its reduction of the hourly rate for plaintiffs counsel and in its reduction of the compensable hours reasonably expended by counsel in this litigation. On both issues the district court applied erroneous legal standards; further, on the compensa-ble hours issue, the court made clearly erroneous factual determinations.

Brief of Appellant at 12.

II. Jurisdiction

This action was commenced pursuant to the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. The district court had jurisdiction pursuant to 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. §§ 1331 and 1343. Plaintiffs various state claims were properly before the district court pursuant to the doctrine of supplemental jurisdiction as codified at 28 U.S.C. § 1367(a).

The district court issued a final order on Plaintiffs petition for attorneys’ fees on June 30, 1995. We have jurisdiction over an appeal from this order pursuant to 28 U.S.C. § 1291.

III. Analysis

We review the reasonableness of an award of attorney’s fees for an abuse of discretion. Rode v. Dellarciprete, 892 F.2d 1177, 1182 (3d Cir.1990). The question of what standards to apply in calculating an award of attorneys’ fees is a legal question, and therefore we exercise plenary review [1035]*1035over this issue. Keenan v. City of Philadelphia, 983 F.2d 459, 472 (3d Cir.1992).3

The matter of an attorney’s marketplace billing rate is a factual question which is subject to a clearly erroneous standard of review. Student Public Interest Research Group v. AT & T Bell Laboratories, 842 F.2d 1436, 1442 (3d Cir.1988) (citing Black Grievance Committee v. Philadelphia Electric Co.,

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89 F.3d 1031, 1996 U.S. App. LEXIS 16286, 76 Fair Empl. Prac. Cas. (BNA) 151, 1996 WL 380594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-o-washington-v-philadelphia-county-court-of-common-pleas-martin-ca3-1996.