Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

American Board of Internal Medicine v. Muller

United States District Court, Eastern District of Pennsylvania

February 26, 2014

AMERICAN BOARD OF INTERNAL MEDICINE
v.
SARAH VON MULLER, M.D.
v.
AMERICAN BOARD OF INTERNAL MEDICINE, CHRISTINE K. CASSEL, M.D., LYNN O. LANGDON, M.S., and ERIC S. HOLMBOE, M.D.

MEMORANDUM AND ORDER

J. CURTIS JOYNER, J.

We write now in response to the Opinion issued by the U.S. Court of Appeals for the Third Circuit on October 4, 2013 vacating our award of attorneys’ fees to Plaintiff and remanding for recalculation. For the reasons set forth below, we reinstate our previous award of counsel fees and costs to Plaintiff in the amount of $41, 223.00.

Case History

Inasmuch as the history, underlying facts and applicable law relevant to this action have been outlined in our previous Memorandum Opinions in some detail, we see no need to recount them here except to the extent necessary to our discussion of the counsel fees issue. Briefly then, following a two-week jury trial in this copyright infringement action, Plaintiff was awarded $82, 446 in damages on its copyright claim and an additional $8, 668 on its breach of contract claim. Plaintiff petitioned for an award of attorneys’ fees asserting that while it had incurred more than $859, 000 in litigating its copyright claim through June, 2012, it was seeking “substantially reduced” counsel fees and costs of $371, 049.

After wading through “hundreds of pages of billing entries and thousands of hours” and finding “numerous examples of excessive and unclearly documented billing entries which were too numerous to mention, ” (Third Circuit Opinion, Case No. 12-3781, Doc. No. 003111409372, pp. 4, 9), in lieu of continuing a line-by-line analysis and in the hope of achieving some judicial economy, we made an across-the-board percentage cut of 50% of the verdict issued on the copyright claim and awarded counsel fees and costs pursuant to the Copyright Act in the amount of $41, 223. While noting that such “a blanket reduction would be particularly appropriate in a case like this one, ” the Third Circuit nevertheless found error in our shortcut and has directed us to fully calculate the lodestar, while observing that we nevertheless “remain free to make adjustments based on [our] assessment of the Lieb factors (complexity, litigation costs, financial circumstances, damages and motive).” (Third Circuit Opinion, at p. 9). We now undertake to fulfill this mandate.

In so doing, we note that by its fee petition, Plaintiff submits that it paid the following amounts for the following attorneys, paralegals and technical/support staff to litigate this matter:

Hara K. Jacobs (Partner): $293, 267.00
Paul Lantieri, III (Partner): $124, 723.00
Steven D. Kim (Associate): $25, 294.50
Corinne Militello (Associate): $149, 349.00
Nicholas H. Pennington (Associate): $143, 841.00
Terrance M. Grugan (Associate): $21, 408.00
Jeffrey B. Goldberg (Associate): $4, 856.50
Rowan L. Smith (Associate): $23, 138.00
Andrew M. Stern (Associate): $20, 008.50
Corey Field (Of Counsel): $559.00
Keith A. Garland (Sr. Paralegal): $18, 356.00
Gary L. Melhuish (Sr. Paralegal): $506.00
Caroline P. Pollard (Sr. Paralegal): $644.00
Rosann Harely-Muto (Paralegal): $8, 660.00
Michael O’Meara (Paralegal): $231.00
Gianni V. DiMezza (Paralegal) $4, 621.50
Simon Yip (Litigation Support Analyst): $14, 298.00 David J. Proctor (Research ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.