“The court notes plaintiffs and defendants filed briefs to this court plagued by problematic calculations,” the judge wrote in a footnote.
The plaintiffs in Kentucky were represented by lawyers from Kentucky firms as well as national advocates, including Jeffrey Fisher of Stanford Law School and James Esseks, litigation director of the American Civil Liberties Union Foundation’s Lesbian, Gay, Bisexual, Transgender and HIV Project.
Fisher billed the highest hourly rate, $750, and clocked in more than 200 hours on the case, according to the plaintiff’s request for fees. Fisher joined the case as it came before the U.S. Supreme Court, which in June declared a national right to same-sex marriage.
“Every lawyer I know who has a comparably active case in the U.S. Supreme Court has a billing rate of about $1000 per hour—sometimes far above that figure,” Fisher wrote in a declaration. The fees will be turned over to the Stanford Law School, for clinical programs, he said in the papers.
Fisher declined to comment. Daniel Canon of Clay Daniel Walton Adams, a lead attorney for the plaintiffs, said in an email that “we are reviewing the opinion and weighing our options.”
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