United States Third Circuit
Clemens v. New York Central Mutual Fire Insurance Co., 17-3150
Held that it was not an abuse of discretion to deny a fee petition in its entirety when the amount requested was outrageously excessive. The Third Circuit formally endorsed the view that where a fee-shifting statute provides a court discretion to award attorney fees, such discretion includes the ability to deny a fee request altogether when, under the circumstances, the amount requested is outrageously excessive. The panel thus affirmed the denial of a fee award to a prevailing plaintiff in an insurance bad faith case.
Appellate Information
- Published 2018/09/12
Judges
- Greenaway
Court
- United States Third Circuit