A Fort Lauderdale-based nonprofit group, Fort Lauderdale Food Not Bombs (FLFNB), which is known for providing food to the homeless, recently lost in its bid to receive higher attorneys’ fees from the Eleventh Circuit. The group had argued that they should be awarded $1.5 million in attorneys’ fees, following a First Amendment legal victory against the city’s attempts to shut down their weekly food sharing events at a downtown park. However, they were only granted about $600,000.
In its ruling, the Eleventh Circuit concurred with the district court’s decision to adopt a magistrate judge’s recommendations to scale back the hours billed by the nonprofit. The full details of the unpublished opinion can be viewed here.
The group’s legal counsel originally requested $1.5 million in attorneys’ fees, which the district court slashed by nearly 60% in December 2022. The nonprofit and its affiliates argued that Magistrate Judge Patrick M. Hunt’s findings regarding reasonable hourly rates were clearly erroneous and suggested that the court had implemented erroneous legal standards, albeit vaguely.
Reviewing the argument raised by each party and the related evidence, Judge Hunt noted that FLFNB’s requested rates for attorney work significantly exceeded the fees asked for in previous cases. Given this, along with the judge’s own expertise, the “applicable law”, “rates awarded within this district”, “both parties’ expert declarations”, and the twelve Johnson v. Georgia Highway Express Inc. factors for reasonable hourly rates, the Eleventh Circuit sanctioned the original ruling.
The panel also consented with Judge Hunt’s view that the rate of billing for the number of hours worked was unjustifiably high. After examining several instances of “unreasonable excessive billing”, including hours billed for limited discovery work and preparation for oral court arguments, the Eleventh Circuit agreed with the district court’s decision to reduce FLFNB’s counsels’ 2505 hours by approximately 60%.
The legal team from Florida Legal Services, Southern Legal Counsel Inc., and Mara Shlackman from Fort Lauderdale, worked on behalf of the nonprofit while Johnson Anselmo Murdoch Burke Piper & Hochman PA represented the city.