George Tutein v. Superior Plumbing & Supply Co., SX-1979-CV-436 (V.I. 1981) [unpublished]
IN THE TERRITORIAL COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX AT CHRISTIANSTED GEORGE TUTEIN vs. , SUPERIOR PLUMBING COMPANY ) ) PLAINTIFF ) ) CIVIL NO. 486/1979 | ) ACTION FOR BREACH OF CONTRACT & SUPPLY ) aan ) DEFENDANT ) =) ) opinion. hour. MEMORANDUM OPINION This case is now before the Court for a determination of an Attorney's fees are granted in accordance with the following re: $i wk? ate wy for costs and attorney’s fees has requested $900.00 as reasonable reimbursement. This is based on the conputation of the 12 hours expended in the case times the normal billing rate of $75.00 an ' The Court is governed in the award of attorney's fees by the Third Circuit's opinion in Lindy Bros. Builders of Philadelnha v. award of attorney's fees to the plaintiff as the prevailing party. i « : He oes & This case was an action for breach of contract and involved ~~ no new or novel issues. Counsel for the plaintiff in his Affidavi it American R & S. San Corp., 487 F.2d 161 (3d Cir. 1973). - According | to Lindy Bros. …
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IN THE TERRITORIAL COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX AT CHRISTIANSTED GEORGE TUTEIN vs. , SUPERIOR PLUMBING COMPANY ) ) PLAINTIFF ) ) CIVIL NO. 486/1979 | ) ACTION FOR BREACH OF CONTRACT & SUPPLY ) aan ) DEFENDANT ) =) ) opinion. hour. MEMORANDUM OPINION This case is now before the Court for a determination of an Attorney's fees are granted in accordance with the following re: $i wk? ate wy for costs and attorney’s fees has requested $900.00 as reasonable reimbursement. This is based on the conputation of the 12 hours expended in the case times the normal billing rate of $75.00 an ' The Court is governed in the award of attorney's fees by the Third Circuit's opinion in Lindy Bros. Builders of Philadelnha v. award of attorney's fees to the plaintiff as the prevailing party. i « : He oes & This case was an action for breach of contract and involved ~~ no new or novel issues. Counsel for the plaintiff in his Affidavi it American R & S. San Corp., 487 F.2d 161 (3d Cir. 1973). - According | to Lindy Bros. the first step in making an award is to calculate plied by the hourly billing rate, producing here the $909.00 figure. In {3 of the Affidavit counsel states that he accepted this case on a one-third contingency fee. Since the judqment was in the amount of $1,375.00, one-third of that would be approximately | the "lodestar". Id. at 168. The time spent on the case is multi- $460.00. A recovery of almost $400.00 in excess of that would be a oe co. TUTEIN V. SUPERIOR PLUMBING, MEMORANDUM OPIWION windfall. Lindy Bros.permits the lodestar to be adjusted either 1 ‘upward or downward when factors such as contingency are present in the case. Because of the contingent fee arrangement here, I will ‘adjust the lodestar downward to $460.90. { t Additionally, I will allow $10.00 for the filing fee and $26.00 i s 1 Pfor the service of summons and subpoenas. I will disallow the ! ‘$9.00 for the xeroxing as that is part of the normal overhead of I will also disallow other witness fees, operating a law office. . ie any, aS being undisclosed in the record. li I therefore award $460.00 for attorney's fees and $36.00 for lleosts. pe Ly e I a I, Done at Christiansted, St. Croix this.%/ day of May, 1981 + ERLIG 0 _ Hi He i if i ° em erss i] at ij ray | i} f L