The Texas Supreme Court heard oral arguments on Sept. 15 regarding whether Texas courts should require lawyers to produce detailed time records when seeking attorney-fee awards, as is the practice in federal courts.
The appeal in El Apple I Ltd. v. Myriam Olivas includes several issues, but lawyers for both sides say the biggest underlying question is whether Texas courts should follow state or federal case law regarding the evidence they require for the lodestar calculation of attorneys’ fee awards to prevailing parties in employment discrimination suits. Other issues in the case involve the evidence required to show lawyers segregated hours between successful and unsuccessful causes of action and dismissed defendants; factors that justify enhancement of a fee award; and when courts should award appellate attorneys’ fees.
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