This error resulted in a summary judgment motion by defendant. Defendant also claims an in-person deposition of one employee was unnecessary. Plaintiffs achieved only limited success in the action. Courts have broadly defined a 'prevailing party' for purposes of triggering a fee shifting statute. When that occurs, the plaintiff is deemed to have prevailed despite the absence of a formal judgment in his favor.
Plaintiffs are prevailing parties.
The result of this computation is called the lodestar. The lodestar is strongly presumed to yield a reasonable fee. Plaintiffs must submit evidence supporting the hours worked and the rates claimed. The party opposing the fee award then has the burden to challenge, by affidavit or brief with sufficient specificity to give applicants notice, the reasonableness of the requested fee. Each must be determined before attorney's fees can be assessed.