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Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
Wednesday, December 6, 2023

Steve Snoeck prevailed at trial on one of his six claims against his former employer, ExakTime Innovations, and was awarded $1.14 million in attorney’s fees – an amount that the trial court reduced by a “0.4 negative multiplier” to account for Snoeck’s attorney’s “lack of civility throughout the entire course of this litigation.” The jury awarded Snoeck $130,088 in damages on his claim that ExakTime had breached the Fair Employment and Housing Act by failing to engage in the interactive process with him. The Court of Appeal affirmed the judgment, including the reduction in the attorney’s fee award, noting that Snoeck’s attorney had acted uncivilly when he accused ExakTime’s attorneys of telling the court “lies,” committing “fraud” and a “brazen con,” making “misrepresentations” to the trial court and engaging in “sleazy” and “cringeworthy” conduct and “duping” the court of appeal.

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