Filed: Apr. 20, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1205 EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, Plaintiff - Appellee, v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD., Defendants - Appellants. No. 10-1206 EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, Plaintiff - Appellant, v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD., Defendants - Appellees. Appeals from the United States District Court
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1205 EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, Plaintiff - Appellee, v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD., Defendants - Appellants. No. 10-1206 EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, Plaintiff - Appellant, v. KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION, LTD., Defendants - Appellees. Appeals from the United States District Court f..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1205
EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION,
Plaintiff - Appellee,
v.
KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON
FLEXIBLE COMPENSATION, LTD.,
Defendants - Appellants.
No. 10-1206
EMPLOYERS COUNCIL ON FLEXIBLE COMPENSATION,
Plaintiff - Appellant,
v.
KENNETH FELTMAN; ANTHONY WAYNE HAWKS; EMPLOYERS COUNCIL ON
FLEXIBLE COMPENSATION, LTD.,
Defendants - Appellees.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:08-cv-00371-JCC-TRJ)
Argued: March 23, 2011 Decided: April 20, 2011
Before NIEMEYER and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed in part and reversed in part by unpublished per curiam
opinion.
ARGUED: Anthony Wayne Hawks, HAWKS LAW OFFICE, Bethany Beach,
Delaware, for Appellants/Cross-Appellees. Bernard Joseph
DiMuro, DIMUROGINSBERG, PC, Alexandria, Virginia, for
Appellee/Cross-Appellant. ON BRIEF: Edward A. Pennington,
HANIFY & KING, PC, Washington, D.C., for Appellants/Cross-
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Defendants Kenneth Feltman, Anthony Hawks, and Employers
Council on Flexible Compensation, Ltd. (collectively Defendants)
appeal the district court’s order awarding plaintiff Employers
Council on Flexible Compensation (Plaintiff) $292,500.00 in
attorneys’ fees and $16,885.97 in costs, pursuant to § 35(a) of
the Lanham Act, 15 U.S.C. § 1117(a). Defendants challenge the
award as excessive. Plaintiff noted a cross-appeal to challenge
the award as inadequate.
With one minor exception, which requires reversal, we
affirm the district court’s attorneys’ fees and costs award in
favor of Plaintiff on the reasoning of the district court, as
set forth in its carefully crafted and thorough opinion. See
Employers Council on Flexible Comp. v. Feltman,
2010 WL 186457
(E.D.Va. January 13, 2010). This disposition grants no
appellate relief to Plaintiff on its cross-appeal. The one
minor exception requiring reversal pertains to the district
court’s award of $1,188.98 in costs to Plaintiff for computer
forensic fees. Plaintiff concedes on appeal that this portion
of the district court’s award of costs was in error and should
be reversed. Accordingly, we reverse the district court’s award
of costs to the extent it awarded Plaintiff $1,188.98 in costs
for computer forensic fees. In all other respects, the district
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court’s order awarding Plaintiff attorneys’ fees and costs is
affirmed.
AFFIRMED IN PART
AND REVERSED IN PART
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