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United States Third Circuit

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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

  • Decided
  • Published 2018/09/12


  • Greenaway


  • United States Third Circuit


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