Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Basargin v. State Farm Mutual Automobile Insurance Co.

United States District Court, D. Alaska

March 1, 2018

VERA BASARGIN, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant.

          ORDER

          H. Russel Holland United States District Judge

         Motion for Award of Attorneys' Fees

         Defendant moves for an award of attorneys' fees.[1] This motion is opposed.[2] Oral argument was not requested and is not deemed necessary.

         Background

         Plaintiff Vera Basargin brought UIM and bad faith claims against defendant State Farm Mutual Automobile Insurance Company. On January 25, 2018, a jury awarded plaintiff $85, 428.70 on her UIM claim.[3] This amount was less than plaintiff had already recovered from other insurance; thus, with the agreement of counsel, plaintiff's bad faith claims were dismissed with prejudice.[4] On February 14, 2018, final judgment was entered dismissing plaintiff's UIM claim with prejudice.[5]

         Defendant now moves for an award of attorneys' fees in the amount of $29, 451.90.

         Discussion

         In a diversity action such as this one, state law governs the question of attorneys' fees. Canada Life Assur. Co. v. LaPeter, 563 F.3d 837, 847 (9th Cir. 2009). In Alaska, Rule 82 governs the award of attorneys' fees and provides that attorneys' fees “shall” be awarded to the “prevailing party.” Ak. Civ. R. 82(a). There is no dispute that defendant is the prevailing party.

         Rule 82(b)(2) provides, in relevant part, that “[i]n cases in which the prevailing party recovers no money judgment, the court shall award the prevailing party in a case which goes to trial 30 percent of the prevailing party's reasonable actual attorney's fees which were necessarily incurred[.]” Defendant has offered evidence that it incurred $98, 173 in attorneys' fees in its defense of this matter.[6] Thirty percent of $98, 173 is $29, 451.90.

         The court

may vary an attorney's fee award calculated under [Rule 82(b)(2)] if, upon consideration of the factors listed below, the court determines a variation is warranted:
(A) the complexity of the litigation;
(B) the length of trial;
(C) the reasonableness of the attorneys' hourly rates and the number ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.