United States Fourth Circuit

In an action against former employer for common law breach of contract, common law defamation per se, and violation of the whistleblower provision of the Sarbanes-Oxley Act of 2002 (SOX), judgment awarding plaintiff-former employee $325,484.08 in attorneys' fees and costs following plaintiff's acceptance of defendant's $130,000 offer of judgment is vacated and remanded where: 1) plaintiff was a "prevailing party" with respect to his SOX whistleblower claim and thus was statutorily eligible for award of attorneys' fees and costs under SOX; 2) the district court erred in awarding plaintiff attorneys' fees and costs accrued after the date of its Rule 68 Offer of Judgment; 3) the district court abused its discretion in basing the Fee Award on the hourly rates requested by plaintiff, without reduction; and 4) the district court erred in finding that "[t]he deadlines imposed by the court required Plaintiff-s counsel to work at a faster pace..."

Appellate Information

• Decided 12/03/2008
• Published 12/03/2008

Judges

Court

• United States Fourth Circuit

Counsel