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ARTICLE · 03 OCTOBER 2015

Texas Case Warrants Over $4 Million In Attorneys' Fees

Lewis Brisbois Bisgaard & Smith LLP
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A Texas federal Judge in OneBeacon Insurance awarded T. Wade Welch & Associates over $4 million in attorneys' fee following a $30 million judgment requiring the insurer OneBeacon...

United StatesInsurance
Danielle Smith
Danielle Smith
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Case:   OneBeacon Insurance Company v. T. Wade Welch & Associates
             United States District Court for the Southern District of Texas (Houston Division)
             No. H-11-3061; 2015 U.S. Dist. LEXIS 111500

A Texas federal Judge in OneBeacon Insurance awarded T. Wade Welch & Associates over $4 million in attorneys' fee following a $30 million judgment requiring the insurer OneBeacon to indemnify T. Wade Welch in a DISH Network Corporation malpractice suit. The Welch litigants moved for attorneys' fees of more than $9 million on a contingent fee basis, alternatively seeking a similar fee award based on the "lodestar" method with an enhancement due to the rare and exceptional circumstances of the case. The lodestar method of calculating attorney fees is a two-step process. First, courts multiply the hours an attorney works by the attorney's hourly rate—this process yields the lodestar—and then courts adjust the lodestar up or down "to reflect the

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