In re Fitzgerald Marine & Repair, Inc.
This case was before the Court on the request for attorney's fees and costs filed by Ingram Barge Company ("Ingram"), who had previously prevailed on the dispute between it and Fitzgerald Marine ("Fitzgerald") regarding which company was liable for claimant Mike Jenkins' damages.
It was previously determined that Fitzgerald was liable and that Ingram was entitled to indemnification from Fitzgerald. Ingram now sought attorney's fees in the amount of $217,162.61 for defending against Fitzgerald's claim against it for indemnification.
Fitzgerald argued that Ingram had improperly calculated the attorney's fees to which it is entitled.
Whether the Court will award Ingram attorney's fees for their suit.
The first part for defending itself from Fitzgerald's claim for indemnification is recoverable as "expenses" covered by the indemnification clause. This Court awarded Ingram the expenses they requested.
Ingram then argued they should recover the full $217,162.61 as it was a reasonable amount. Fitzgerald argued that they spent considerably less on its attorney's fees, a fact that this Court found irrelevant. After careful consideration, the bills submitted by Ingram were reasonable. The hourly rates charged were customary for the type of work done n the case and within the legal community.
Therefore, the Court entered judgment for the amount of $217,162.61 for Ingram.
Indemnity means to compensate another party (to a contract) for any loss they suffer during the performance of the contract.
Steve Gordon
http://www.offshoreinjuries.com
<< PREVNEXT >>
