Employers Council on Flexible v. Kenneth Feltman

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:08-cv-00371-JCC-TRJ Copies to all parties and the district court/agency. [998572332]. Mailed to: Anthony Wayne Hawks. [10-1205, 10-1206]

Case: 10-1205

Document: 43

Date Filed: 04/20/2011

Page: 1

UNPUBLISHED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.

Case: 10-1205

Document: 43

Date Filed: 04/20/2011

Page: 2

Affirmed in part and reversed in part by unpublished per curiam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/CrossAppellees.

Unpublished opinions are not binding precedent in this circuit.

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Case: 10-1205

Document: 43

Date Filed: 04/20/2011

Page: 3

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).
award as excessive.

Defendants challenge the

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

appellate

relief

minor

exception

13,
to

2010).

Plaintiff

requiring

This
on

its

reversal

disposition

grants

no

The

one

cross-appeal.

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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Case: 10-1205

Document: 43

Date Filed: 04/20/2011

Page: 4

court’s order awarding Plaintiff attorneys’ fees and costs is
affirmed.
AFFIRMED IN PART
AND REVERSED IN PART

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