11th Circ. Revives Atty's Fee Bid After Judge Awarded Him $0

By Dave Simpson (February 1, 2021, 11:32 PM EST) -- The Eleventh Circuit revived a lawyer's attempt to secure attorney fees for his time working on a $551 Fair Labor Standards Act suit for his client, finding Monday that a key part of the district court's decision not to give the attorney anything relied on unsubstantiated claims.

In an unpublished, unanimous decision, the panel found that the lower court magistrate judge took as fact the claim made by the defendant, South Florida Woman's Health Associates Inc., that it mailed a paycheck to the last known address of plaintiff Mitzy Batista, even though this claim was never supported by the medical practice....

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