When Awarding Less Than Requested In Attorney Fees — District Court Must Explain Why.

Plaintiff requested $22,585 in attorney fees and costs, but the district court awarded only $14,268.50 without explanation. The Ninth Circuit reversed and remanded the matter, stating that it “requires that courts reach attorneys’ fee decisions by considering some or all of twelve relevant criteria set forth in Kerr v. Screen Extras Guild, Inc., (1975) 526 F.2d 67,” and that the Kerr factors are (1) the time and labor required; (2) the novelty and difficulty of the questions involved; (3) the skill requisite to perform the legal service properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the “undesirability” of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases.  (Carter v. Caleb Brett, LLC (Ninth Cir.: February 3, 2014) Case No. 12-16846.)