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Blair v. Smyrna School District

Superior Court of Delaware

October 7, 2019

JAMES BLAIR, JR., Claimant-Below, Appellant,
v.
SMYRNA SCHOOL DISTRICT, Employer-Below, Appellee.

          Submitted: July 30, 2019

         Upon Appellant's Application for Attorneys Fees Denied Without Prejudice

          Walt F. Schmittinger, Esquire and Candace E. Holmes, Esquire of Schmittinger and Rodriguez, P.A., Dover, Delaware; attorneys for Appellant.

          William D. Rimmer, Esquire and Nicholas E. Bittner, Esquire of Heckler & Frabizzio, Wilmington, Delaware; attorneys for Appellee.

          ORDER

          William L. Witham. Jr. Resident Judge.

         INTRODUCTION

         Presently before the Court, is Appellant James Blair, (hereinafter "Appellant") and through his counsel, their application for attorneys' fees pursuant to 19 Del. C. § 2350(f). This application stems from the Appellant's appeal from the Industrial Accident Board, for which this Court reversed and remanded on April 5, 2019.[1]

         Upon consideration of the parties arguments, and the Court's prior decision, it appears to the Court that:

         FACTUAL AND PROCEDURAL HISTORY

         1. The Court's factual and procedural findings from its April 5, 2019 decision are incorporated hereto.[2]

         2. As of July 30, 2019, the Court is unaware of any action taken by the Industrial Accident Board (hereinafter "IAB") in regard to the Court's April 5, 2019 remand.

         3. On July 19, 2019, attorneys for the Appellant filed an application for attorneys fees pursuant to 19 Del. C. § 2350(f) requesting $14, 150.00 based on 35.7[3]spent by Ms. Holmes at an hourly rate of $250.00 per hour and 4.5 hours spent by Mr. Schmittinger at an hourly rate of $375.00, plus an additional one third for the contingent nature of the litigation.[4]

         4. Counsel for Smyrna School District (hereinafter "Appellee") filed their response, in ...


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