46th Judicial District Court; Docket No. GC81-2775
Judge Jessica R. Cooper
Official Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculating Attorney Fees Not Based on Contingent Fee [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Cooper held that under §3148(1) of the No-Fault Act an award of attorney fees at the rate of $125 per hour for pretrial work and $900 per day for two court days in trial was not unusual for an experienced practitioner in Oakland County and was "reasonable" under the statute. Furthermore, the Court rejected the notion that attorney fees must be apportioned under DCR 526.3 where the plaintiff prevails on part of the no-fault benefits sought but not all benefits. The Court held that this Court rule refers only to taxation of costs and is inapplicable to attorney fees mandated by statute.
