2009AP2344 Mendez v. Din, et al.

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Employment
Wage claims; attorney fees

Cindy Mendez appeals a circuit court reduction of an award of attorney fees in a wage claim action against her former employer, Attorney Khaja M. Din. Mendez argues that the court erroneously exercised its discretion in reducing the fee award because (1) the record did not support the court’s determination; (2) the court failed to conduct the proper legal analysis in calculating the award; and (3) the court failed to explain its rationale. We conclude that the circuit court erroneously exercised its discretion in calculating the attorney fee award by failing to determine the prevailing hourly rate for the legal service provided, in accordance with the lodestar approach set forth in Kolupar v. Wilde Pontiac Cadillac, Inc., 2004 WI 112, ¶30, 275 Wis. 2d 1, 683 N.W.2d 58. In this case, the court was required to base its award on a determination of the prevailing hourly rate for supervised law student work on a wage claim. We therefore vacate that portion of the judgment setting the amount in attorney fees and remand this matter to the circuit court for a determination of reasonable attorney fees consistent with this opinion. This opinion will not be published.

2009AP2344 Mendez v. Din, et al.

Dist IV, Dane County, McNamara, J., Higginbotham, J.

Attorneys: For Appellant: Mitch, Madison; For Respondent: Memmen, Alexander, Madison

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