Is a plaintiff entitled to an attorney's fee for hours spent on an unsuccessful claim?

MultiRegion, United States of America

The following excerpt is from Ruiz v. Xpo Last Mile, Inc., Case No.: 5cv2125 JLS (KSC) (S.D. Cal. 2017):

Defendant is correct that generally "[w]here the plaintiff has failed to prevail on a claim that is distinct in all respects from his successful claims, the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee." Hensley v. Eckerhart, 461 U.S. 424, 440 (1983). However, "[w]here a lawsuit consists of related claims, a plaintiff who has won substantial relief should not have his attorney's fee reduced simply because the district court did not adopt each contention raised." Id.

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