There’s a satisfying sense of retribution for the successful party in a court case when the opposing side has to bear the burden of your attorney’s fees. When the opponent happens to be a state, the victory is even more pronounced. Unfortunately for recent plaintiffs in Florida, the state isn’t famous for taking such financial hits without a fight, particularly when the sum in question tips into six-figure territory. Florida’s reluctance to shoulder the weight of these costs has the potential for serious future ramifications for other litigants.
As detailed by Reuters, Florida is contesting a judge’s decree that they must cover the legal expenses of University of Florida professors who took legal action against the state. This development presents the U.S. appeals court with a fresh opportunity to consider when courts should determine that losing parties have to foot their opponents’ attorneys’ bills.
Moreover, representatives for Florida announced in a recent court filing that they plan to prompt the 11th U.S. Circuit Court of Appeals to evaluate the suitability and volume of the $372,000 award granted the previous week. The hefty price tag stems from plaintiffs retaining the services of Debevoise & Plimpton to take on their case. Despite a reduced rate, billed at $450 per hour for around 1400 hours, the overall cost amounts to a larger bill than Florida had anticipated.
This inconvenience sprouted from Florida’s resistance to allowing professors to stand as expert witnesses, and as anyone following this ongoing saga will tell you, that’s a paycheck truly worth taking up arms over. You can access the complete details of expert witness’s remuneration here.
For those interested in tracking this case’s progress, it can be found under the title: Sharon Wright Austin et al v. University of Florida Board of Trustees et al, in the U.S. District Court for the Northern District of Florida, Case No. 1:21-cv-00184-MW-HTC.