Back in July, we reported on an unfortunate gamble (in retrospect) of a plaintiff who had the choice between a jury verdict reduced by the judge or a new trial. He went for a new trial and he got “zeroed,” a jury verdict of $0.00. But the Court awarded plaintiff $1.00, giving him a chance at an award of attorneys’ fees and costs.
Today, however, plaintiff’s news went from bad to worse, as Judge Ericksen (D. Minn.) had this to say about the late application for award of attorneys’ fees (denied as inexcusably past the deadline):
The law with respect to a district court’s retention of jurisdiction to address attorneys’ fees while an appeal is pending is crystal clear. Ignorance of that law is not excusable neglect.
Opinion after the break.
Hemmah v Red Wing Order Re Atty Fees