United States District Court, D. Alaska
Russel Holland United States District Judge
for Award of Attorneys' Fees
moves for an award of attorneys' fees. This motion is
opposed. Oral argument was not requested and is not
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. 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. On February 14, 2018, final judgment
was entered dismissing plaintiff's UIM claim with
now moves for an award of attorneys' fees in the amount
of $29, 451.90.
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
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. Thirty percent of $98, 173 is $29, 451.90.
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 ...