In Albani v Albani, 2016 WL 3074407 (S.D. Cal, 2016) after a
12 day bench trial, the Court granted the Petition for the return of the
child to Singapore, and then directed
Respondent mother to pay $196,498.50 in attorney’s=
fees. It analyzed the award, utilizing
the lodestar method,
citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). It held it was not
appropriate to award attorney’s= fees for
petitioners five attorneys, and only
awarded fees for the work done by Amanda Harris, the person responsible for
briefing and Richard Min, the lead attorney who argued the case. Ms. Harris
billed 228.6 hours and Mr. Min billed 311.73 hours on matters pertaining to
this case. The Court concluded that the hours were reasonable. Mr. Min billed
his client at a rate of $300 per hour, and Ms. Harris billed at a rate of $450
per hour for the 2015 calendar year, and $455 per hour starting in 2016. The hourly
rates were reasonable. Respondent argued that she had a good‑faith belief that
the United States was I.A.=s
habitual residence. The Court found that her testimony lacked credibility. It
rejected her argument that any fee award should be reduced because of her
financial condition. She was a trained physician and prior to these
proceedings, she was employed in Singapore as a project manager, working part‑time
and making $5,000 a month in Singapore dollars.
In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.
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