By Matthew Santoni

Law360 (September 29, 2020, 3:55 PM EDT ) Dillon McCandless King Coulter & Graham LLP, which represented a group of Pennsylvania counties, businesses and lawmakers in a suit that overturned Gov. Tom Wolf's pandemic-related closure orders and crowd limits, is now asking the federal court to make the state pay their $136,000 in legal fees.

The firm is seeking to be paid for nearly 777 hours of work on the case, which the state is appealing to the Third Circuit after a Pittsburgh-based judge ruled that the state's business closure orders and 250-person limits on crowd sizes were unconstitutional. 

As the winner in a case over civil rights, the firm quoted the First Circuit's 2001 opinion in Gay Officers Action League v. Puerto Rico that said awards in such cases were "virtually obligatory."

"The prevailing plaintiffs prevailed following this court's consideration of their constitutional claims on the merits," the Monday brief said in support of the motion for fees. "The prevailing plaintiffs' fee is reasonable."

Dillon McCandless asked that the fees be paid within 30 days of the motion's filing or within 30 days of the conclusion of the Third Circuit appeal.

The group of challengers had filed suit against the governor and Health Secretary Rachel Levine in May, arguing that the orders in the early days of the pandemic that "non-life-sustaining" businesses be closed were unconstitutional and that the crowd size limits restricted their freedom of assembly.

After a two-day expedited hearing on some of the ongoing constitutional concerns, U.S. District Judge William S. Stickman IV ruled that the closures, stay-at-home orders and crowd limits were well-intentioned but ultimately unconstitutional. He then declined to grant a stay while the ruling was appealed.

"In rendering its decision, the undersigned respectfully requests that this court consider the significance of the matters involved, the expedited nature of the proceedings, and the result achieved," wrote partner Thomas King III in his affidavit supporting the motion.

In its motion for fees, Butler-based Dillon McCandless said three partners, one associate and a paralegal worked a total of 776.5 hours on the case and is seeking $175 per hour for its attorneys and $100 per hour for its paralegal.

"The hourly rate that is charged generally by this firm for special counsel work for the County of Butler and for all matters pertaining thereto is well below that which the members of this firm generally charge in similar circumstances," King's affidavit said. "The hourly rate for attorneys fees in this jurisdiction for cases by attorneys of similar experience, training and skill is far in excess of $175.00 per hour."

Based on seeking less than the typical rate and pointing to records of the hours each member of the team spent on various tasks related to the case, the firm argued that its request for a lodestar payment of $135,789.80 was reasonable. The firm also seeks $6,952 in costs for the case.

"Our clients were the prevailing parties in this litigation ... We hope the court agrees that our fees and hours are reasonable," said Jordan Shuber, one of the attorneys representing the challengers in the case, also adding that most Pittsburgh-area attorneys charge more than $175 per hour.

Representatives of Gov. Wolf did not immediately respond to requests for comment Tuesday.

The challengers are represented by Thomas W. King III, Ronald T. Elliott, Thomas E. Breth and Jordan P. Shuber of Dillon McCandless King Coulter & Graham LLP, and Greene County Solicitor Robert E. Grimm.

The state is represented by Josh Shapiro, Keli M. Neary and Karen M. Romano of the state attorney general's office.

The case is County of Butler et al. v. Wolf et al., case number 2:20-cv-00677, in the U.S. District Court for the Western District of Pennsylvania.

--Editing by Steven Edelstone.

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