Justia Legal Ethics Opinion Summaries

Plaintiff filed suit against a sheriff's deputy for improperly accessing and viewing her private information on Florida driver's license databases. The district court granted plaintiff's motion for judgment as a matter of law and held the deputy liable under the Driver's Privacy Protection Act (DPPA) and 42 U.S.C. 1983. The Eleventh Circuit affirmed the liquidated damages award where the district court did not abuse its discretion in shaping a damages award appropriate for the facts of this case. The court held, however, that the district court failed to start with the lodestar and gave too much weight to the eighth Johnson factor (the amount involved and the results obtained). Accordingly, the court reversed and remanded for the district court to recalculate an appropriate amount of attorneys' fees. View "Ela v. Destefano" on Justia Law

Richard Culbertson was counsel for the four plaintiffs in these consolidated Social Security disability benefits cases. At issue in this appeal was the attorney's fees for Culbertson under 42 U.S.C. 406 and the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). The Eleventh Circuit held that the district court did not err in its interpretation and application of Dawson v. Finch, 425 F.2d 1192 (5th Cir. 1970) and by imposing a 24% cap on section 406 fees; it was necessary for the district court to add the requested section 406(b) fee together with his EAJA award; and the district court did not abuse its discretion and did not exceed its authority. Accordingly, the court affirmed the judgment. View "Wood v. Commissioner of Social Security" on Justia Law