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to be proportionate to the dam- Zakarian wrote: “There is no
ages.” requirement under the applicable
Petela said he submitted “rea- statutes that an award of attor-
sonable attorney fees for the work neys’ fees be proportional to the
we performed.” Assisting Petela amount of the underlying award of
was colleague Richard Hayber. The defense in Poli v. damages. However, higher billing
NEHDS Logistics had rates are frequently warranted for
In their pleadings in proceed- argued that the $188,942 class action work than for simple
ings before arbitrator Albert
Zakarian, Petela wrote, “Class in attorney fees Petela single-plaintiff cases because of

counsel should not be penalized sought was excessive the nature of the expertise called
for pursuing the case as a class for and because of the kind and
action. Even if it had been a sin- and disproportionate to complexity of the issues involved,
gle plaintiff case, proportionality and the skills required to gain and
arguments have been held erro- the settlement, and even maintain class certification.”
neous. … Defendant’s excessive plaintiff’s counsel said
rates arguments should also be it would not have been Representing NEHDS Logis-
rejected because they fail to ac- unusual for the judge to tics were Gabriel Dym of Eckert
agree. Seamans in Boston and Geraldine

count for the specialized area of Cheverko of Eckert Seamans in
practice of wage and hour class White Plains, New York. Dym de-
actions in Connecticut. These clined to comment and Cheverko
cases are more complex, contain didn’t respond to a request for
additional hurdles, and require comment Monday.
additional experience which most labor and em- The case stems from when the plaintiffs sued
ployment attorneys simply do not possess within NEHDS Logistics over allegations it improper-
this local market.” ly classified drivers as independent contractors
In its opposition to the plaintiff ’s petition for at- instead of employees, a move that allowed the busi-
torney fees, the defense wrote, “The amount sought ness to charge employees for merchandise damaged
in the fee petition is not reasonable in light of the in transit. NEHDS delivers retail merchandise on
specific circumstances of this case, especially when behalf of companies such as Bob’s Discount Furni-
the attorneys’ fees sough are considered in relation ture, Costco Wholesale Corp. and Ashley Furniture
to the amount of the settlement. … The fees sought HomeStore.
by class counsel are excessive, and they should be ¦

substantially reduced.” Robert Storace covers legal trends, lawsuits and
Arbitrator Zakarian in his four-page July 9 ruling analysis for the Connecticut Law Tribune. Follow
disagreed with the defense’s argument, and awarded him on Twitter @RobertSCTLaw or reach him at
$188,942 in attorney fees to the plaintiff ’s firm. 203-437-5950.

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