Monday, June 4th, 2007...2:36 pm
Enhanced Attorney Fees: Ware v. Ware
Friday’s opinion in Ware v. Ware, 2007 WL 1575525 (Alaska June 1, 2007), included an extended discussion of Rule 82(b)(3) enhancements of fee awards. Although this is not an employment case, the discussion may be useful in other types of cases. Justice Carpeneti, with Justices Matthews and Eastaugh, upheld the trial court’s (Harold Brown) enhanced award of approximately 80% of full fees against a pro per plaintiff. Justice Fabe with Chief Justice Bryner disagreed, stating the 80% fee was determined in error and the matter should have been remanded to the Superior Court.
The detailed analyses in both opinions provides a review of enhanced fee cases and discusses in detail the 82(b)(3) factors that should be considered in awarding enhanced fees.
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