|2:45 pm||Tuesday, March 13, 2018|
North Dakota Department of Transportation, Plaintiff and Appellee
G. John Schmitz, Defendant and Appellant
|Appeal from:||Northwest Judicial District, Williams County, Judge Paul W. Jacobson, 53-2014-CV-00329|
|Nature of Action:||Real Property|
Appellant's Statement of the Issues:|
a. Whether a district court can consider a contingency fee contract in adjusting a lodestar amount under NDCC 32-15-32?
b. In an award under NDCC 32-15-32, whether a district court can simultaneously find that it is reasonable to hire attorneys outside of the district while disallowing the travel times and costs of out-of-district attorneys?
c. Whether a district court may reduce an attorney's lodestar rate based on no evidence on the record?
d. Whether a district court abuses its discretion by refusing to make an award for an expert under NDCC 32-15-32 merely because that expert did not ultimately testify because the opposing party withdrew its opposition to the issue on which the expert would have testified?
e. Whether a district court abuses its discretion in making an award under NDCC 32-15-32 by arbitrarily reducing a claim for expert fees by 75% based on the party's perceived degree of success?
f. Whether a party is entitled to the fees incurred for bringing a fee-shifting motion under NDCC 32-15-32?
g. Whether a district court abuses its discretion in refusing to award costs actually incurred under NDCC 32-15-32 where it cites no legal authority to disallow those costs actually incurred?
Appellee's Statement of the Issues:
1. Whether the trial court abused its discretion by establishing reasonable attorney's fees in the amount of $400.00 per hour for the landowner's principal attorney and $150.00 per hour for the landowner's associate attorney?
2. Whether the trial court abused its discretion by reducing the total number of attorneys' hours by attorneys' travel time?
3. Whether the trial court abused its discretion by reducing expert witness fees in its determination of reasonable costs?
4. Whether the trial court abused its discretion by awarding costs recoverable under N.D.C.C. 32-15-32, 28-26-06 and 28-26-10?
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
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Generated from Supreme Court Docket on 03/17/2018