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Flitton v. Primary Res. Mortgage, Inc. No. 09-4108

By FindLaw Staff on August 09, 2010 5:05 PM

In Flitton v. Primary Res. Mortgage, Inc. No. 09-4108, the court affirmed the district court's order awarding plaintiff $367,689.00 in attorney's fees as a prevailing party in a Title VII lawsuit, holding that 1) the district court correctly concluded that plaintiff's successful retaliation claim and her unsuccessful discrimination and punitive damages claims were interrelated; 2) the district court's assessment of her overall level of success was not an abuse of discretion; and 3) the district court conducted a thorough review of plaintiff's attorneys' billing entries and reduced the fee award based on the inadequacy of eleven specific entries.

As the court wrote:  "Defendant-appellant Primary Residential Mortgage, Inc. ("PRMI") appeals from the district court's order awarding plaintiff-appellee Yvonne Flitton $367,689.00 in attorney's fees as a prevailing party in a Title VII lawsuit. Ms. Flitton cross-appeals from the same order, challenging the district court's conclusion that it lacked jurisdiction to award her appellate attorney's fees because she failed to first request such fees in this court. We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM."

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