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The post below was published on Monday, January 31st, 2011 at 7:35 AM.

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Fifth District: Attorney’s Fees Lost, Employment Case

Counsel who seek to collect fees for prevailing on one of multiple claims in a case may wish to note this decision.

The plaintiffs in the case brought numerous claims against their former employer but prevailed only on a claim for unpaid overtime. That claim entitled them to attorney’s fees, which they sought and obtained without differentiating the work performed on the overtime claim from the work performed on their other claims.

The Fifth District reversed the original award and remanded for specific findings on the overtime claim. On remand, however, the plaintiffs’ counsel successfully maintained that nearly all hours spent on the case related to the overtime claim.

In a second appeal, the district court found that position untenable and, frustrated with the attorneys’ refusal to follow the appellate court’s earlier directive, reversed and remanded for entry of an order denying the attorney’s fees motion.

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