Steve Crooks v. State of Louisiana, Through the Louisiana Department of Natural Resources
CourtSupreme Court of Louisiana
Date FiledOctober 30, 2026
Docket2026-C-00448
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #051
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 30th day of October, 2026 are as follows:
BY Burris, J.:
2026-C-00448 STEVE CROOKS, ET AL. VS. STATE OF LOUISIANA, THROUGH
THE LOUISIANA DEPARTMENT OF NATURAL RESOURCES, ET
AL. (Parish of Rapides)
APPELLATE COURT JUDGMENT AFFIRMED AS AMENDED.
REMANNED. SEE OPINION.
Weimer, C.J., dissents in part and assigns reasons.
SUPREME COURT OF LOUISIANA
No. 2026-C-00448
STEVE CROOKS, ET AL.
VS.
STATE OF LOUISIANA, THROUGH THE LOUISIANA DEPARTMENT
OF NATURAL RESOURCES, ET AL.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Rapides
BURRIS, J.
In this class action, we reduce the attorney fee award to $16,713,656.20.
FACTS AND PROCEDURAL HISTORY
The underlying facts of this case were set forth in Crooks v. Department of
Natural Resources, 19-0160 (La. 1/29/20), 340 So. 3d 574, opinion corrected on
reh’g (4/9/20) (“Crooks I”). As explained therein, in 1962, the United States began
constructing various structures in and around the Catahoula Basin to promote
navigation on the Ouachita and Black Rivers. Upon completion of the project, the
United States Fish and Wildlife Service began managing the water levels in and
around the Catahoula Basin. The State, through the Department of Wildlife and
Fisheries, also granted mineral leases in the area known as Catahoula Lake.
In 2006, Steve Crooks and Era Lea Crooks filed a class action alleging they
represented a class of landowners in the Catahoula Basin whose property was
affected by increased water levels from the project. The trial court certified the
plaintiffs as one class, but subdivided the class into two groups, the Lake Plaintiffs
and the Swamp Plaintiffs, depending on the location of their properties. The Lake
Plaintiffs sought (1) ownership of the land between the ordinary low and ordinary
high water mark of the Little River located within the area known as Catahoula Lake;
(2) a declaration that these lands were unlawfully expropriated by the navigation
1
project; (3) damages for this inverse condemnation; and (4) recovery of the mineral
royalty and other payments received by the State from mineral leases granted over
the property. The Swamp Plaintiffs owned overflow lands located in the
southwestern portion of the Catahoula Basin. Because ownership of these
swampland tracts was not disputed, these plaintiffs sought only a declaration of
unlawful expropriation and damages for the inverse condemnation. See Crooks I,
340 So 3d at 577.
The key issue presented to the trial court for the Lake Plaintiffs was the
classification of the area known as Catahoula Lake. The Lake Plaintiffs argued the
area was actually the banks of the Little River, thus conferring on the Lake Plaintiffs
ownership of the lands between the ordinary low and the ordinary high water mark.
La. Civ. Code art. 456 (“The banks of navigable rivers or streams are private things
that are subject to public use. The bank of a navigable river or stream is the land
lying between the ordinary low and the ordinary high stage of the water.”). The State
countered, arguing Catahoula Lake is a lake and the State owns the bed and waters
below the ordinary high water mark. La. Civ. Code art. 450 (“Public things that
belong to the state are such as running waters, the waters and bottoms of natural
navigable water bodies, the territorial sea, and the seashore.”). See Crooks I, 340 So.
3d at 577.
Following a bench trial, the trial court rendered judgment in favor of the
plaintiffs, declaring the body of water in the Catahoula Basin in 1812 was a
permanent river that seasonally overflowed and covered its banks. Thus, the riparian
landowners, the Lake Plaintiffs, are the owners of these riverbanks. The trial court
also found the State liable for the inverse condemnation of these lands because of
the significant obstruction of the natural servitude of drainage. See Crooks I, 340 So.
3d at 578.
2
Specifically, the trial court declared the Lake Plaintiffs the owners of
22,813.48 acres of land and awarded them expropriation damages in the amount of
$28,745,438.40 based on $1,260.00 per acre, and $4,694,309.68 in oil and gas
royalties. The trial court also declared the Swamp Plaintiffs the owners of 7,580
acres of the overflow lands and awarded expropriation damages in the amount of
$9,550,800.00, based on the same value of $1,260.00 per acre. It further awarded
legal interest on all awards to run from May 4, 2006, until paid. The trial court set
attorney fees for class counsel in the amount of $22,075,843.82 and ordered seventy-
five percent of the attorney fee award to be paid by the State and twenty-five percent
to be assessed against the class common fund pursuant to La. R.S. 13:5111 and La.
Code Civ. Proc. art. 595. A judgment on all claims was signed on May 15, 2017.1
On appeal, the appellate court found that since the taking of class plaintiffs’
land was committed by the United States, not the State, La. R.S. 13:5111 did not
apply. Thus, 100% of the attorney fees should be assessed against the common fund
pursuant to La. Code Civ. Proc. art. 597. The trial court’s judgment was affirmed in
1
Regarding ownership of the land, this judgment stated:
IT IS ORDERED, ADJUDGED, and DECREED that the body of water in the
Catahoula Basin in 1812 was a permanent river that seasonally overflowed and
covered its banks.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that there be
judgment herein recognizing that the class of plaintiffs identified as the riparian
landowner plaintiffs (also known as the “Lake Plaintiffs”) are the legal owners of
the river banks in the Catahoula Basin, consisting of 22,813.84 acres of lands
located between the ordinary low water mark of the Little River and the ordinary
high water mark of 36 feet mean sea level of the Little River, which lands are
depicted in light blue and referred to as the bed and bottom of the so-called
“Catahoula Lake” on the State’s exhibit introduced into evidence and identified as
FW 202, a copy of which is attached hereto and made part of this final judgment.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that there be
judgment herein recognizing that the class of plaintiffs identified as the overflow
landowner plaintiffs (also known as the “Swamp Plaintiffs”) are the legal owners
of the 7,580 acres of land patented by the State of Louisiana in the southwestern
portion of the Catahoula Basin, which lands are identified as property listing nos.
29 through 83, and as the lands owned by W.H. Ward Properties, Inc., on the State’s
exhibit introduced into evidence and identified as FW 202, a copy of which is
attached hereto and made part of this final judgment.
3
all other respects. Crooks v. Department of Natural Resources, 17-0750 (La. App. 3
Cir. 12/28/18), 263 So. 3d 540.
This court granted a writ of certiorari and found plaintiffs’ inverse
condemnation claims against the State for compensation had prescribed. See Crooks
I, 340 So. 3d at 584. Thus, the expropriation award of $28,745,438.40 to the Lake
Plaintiffs and $9,550,800.00 to the Swamp Plaintiffs was reversed. Id. at 587. In all
other respects, the appellate court judgment was affirmed. Id. Thereafter, this court
granted rehearing, solely for the purpose of correcting a footnote in the original
opinion to clarify that the award for attorney fees, expert witness fees, and costs was
not at issue in the writ application. Id. at 587 (on rehearing).
After this court reversed the expropriation award, a disagreement arose
between class counsel and some members of the class regarding attorney fees. These
plaintiffs retained substitute counsel and filed a Motion to Set Attorneys’ Fees of
Class Counsel. These plaintiffs argued the attorney fees should be reduced
proportionally because of the reduction of the total award that occurred. The
plaintiffs argued that the common fund now only contained money from the royalties
awarded to the Lake Plaintiffs. Class counsel opposed, arguing res judicata barred
re-litigation of the 2017 attorney fee award. Class counsel also believed the common
fund consists of more than just the royalties awarded because it also includes the
future royalties and the value of the ownership rights secured over the land.
The lower courts found the attorney fee issue had already been decided and
was res judicata. See Crooks v. Department of Natural Resources, 23-0478 (La. App.
3 Cir. 3/6/24) 2024 WL 954450 at *5. This court granted plaintiff’s writ application
and issued a per curiam directing the trial court to reconsider the award in light of
the significant reduction in the overall damages ultimately awarded to the class.
Crooks v. Department of Natural Resources, 24-0432 (La. 6/25/24), 386 So. 3d 1073
(“Crooks II”).
4
On December 6, 2024, the trial court held a hearing to reconsider the attorney
fees. The trial court used the Lodestar Method multiplying the total billable hours of
13,108.75 by an hourly rate of $425.00 per hour to reach an attorney fee award of
$5,571,218.75. Legal interest was also awarded from December 6, 2024 until paid.
On appeal, the appellate court found the trial court abused its discretion when
it failed to apply a multiplier to the baseline lodestar fee. Crooks v. State Through
Louisiana Department of Natural Resources, 25-0478 (La. App. 3 Cir. 3/4/26), 433
So. 3d 21, 33. It multiplied the trial court’s award of $5,571,218.75 by a factor of
four to increase the attorney fee award to $22,284,875.00. Id. at 34. This is roughly
equivalent to the original attorney fee award, which was based on a one-third
percentage of the monetary award without considering the value of the property.
However, this is less than the original percentage method when factoring in the value
of the property and royalties. The appellate court considered that the evidence at trial
established the land is valued at $68,200,000.00 and that the royalty amount has
increased to approximately $9,000,000.00, for a total value of $77,200,000.00. Had
it not been for the efforts of class counsel over twenty years of litigation, the class
would not have $77,200,000.00 in land and royalties. Thus, it found the award of
$22,284,875.00 fair and reasonable. The appellate court also awarded interest from
the date of the first attorney fee award, May 15, 2017. Id. at 33-34
Class plaintiffs applied to this court and we granted certiorari. Crooks v. State
through Louisiana Department of Natural Resources, 26-0448 (La. 6/25/26), --- So.
3d ---.
DISCUSSION
A court may award attorney fees in a class action when “as a result of the class
action a fund is made available, or a recovery or compromise is had which is
beneficial, to the class.” La. Code of Civ. Proc. art. 595(A). An appellate court
5
reviews an award of attorney fees for an abuse of discretion. Covington v. McNeese
State University, 12-2182 (La. 5/7/13), 118 So.3d 343, 348.
Courts have relied on two methods to calculate class action fee awards, the
percentage of the fund approach and the lodestar approach. See Andrew J. Trask,
Fee Multipliers in Class Actions, 86 La. L. Rev. 405, 406 (2026). The percentage of
the fund approach calculates the fee based on the benefit the class receives. Id. The
lodestar approach calculates the fee by multiplying the reasonable amount of time
expended on the case by a reasonable hourly rate. Id. Here, the trial court used the
lodestar approach, multiplying the total billable hours of 13,108.75 by an hourly rate
of $425.00 per hour to reach an attorney fee award of $5,571,218.75. The appellate
court found the trial court abused its discretion when it failed to apply a multiplier
to the baseline lodestar calculation. Thus, it multiplied the trial court’s award by a
factor of four, which increased the attorney fee award to $22,284,875.00. We now
consider the propriety of this enhancement.
Under the lodestar approach, the product of reasonable hours times a
reasonable rate does not end the inquiry. There remain other considerations that may
lead the district court to adjust the fee upward or downward, including the important
factor of the results obtained. Hensley v. Eckerhart, 461 U.S. 424, 434 (1983).
However, a strong presumption exists that the lodestar figure represents a reasonable
fee, and therefore, it should only be enhanced or reduced in rare and exceptional
cases. Covington, 118 So.3d at 351 citing Pennsylvania v. Delaware Valley Citizens’
Council for Clean Air, 478 U.S. 546, 565 (1986).
In Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010), the United States
Supreme Court set forth a framework for enhancement of a lodestar award in the
context of federal fee-shifting statutes. The court explained that an enhancement may
not be awarded based on a factor that is subsumed in the lodestar calculation. Id. at
553. The novelty and complexity of a case generally may not be used as a ground
6
for an enhancement because these factors are presumably reflected in the number of
billable hours recorded by counsel. Id. The quality of an attorney’s performance
generally should not be used to adjust the lodestar either because considerations
concerning the quality of a prevailing party’s counsel’s representation normally are
reflected in the reasonable hourly rate. Id. The fee applicant has the burden of
proving the enhancement is necessary by specific evidence that supports the award.
Id. citing Blum v. Stenson, 465 U.S. 886, 901 (1984) (An enhancement must be based
on evidence that enhancement was necessary to provide fair and reasonable
compensation.).
However, the U.S. Supreme Court has rejected any contention that a fee
determined by the lodestar method may not be enhanced in any situation. The
lodestar method was never intended to be conclusive in all circumstances. Instead,
there is a strong presumption that the lodestar figure is reasonable, but that
presumption may be overcome in those rare circumstances in which the lodestar does
not adequately take into account a factor that may properly be considered in
determining a reasonable fee. Perdue, 559 U.S. at 553-554. Where a plaintiff has
obtained excellent results, his attorney should recover a fully compensatory fee.
Normally this will encompass all hours reasonably expended on the litigation, and
indeed in some cases of exceptional success an enhancement award may be justified.
Hensley, 461 U.S. at 435.
The U.S. Supreme Court has identified several factors that may support an
enhancement. An enhancement may be appropriate where the method used in
determining the hourly rate employed in the lodestar calculation does not adequately
measure the attorney’s true market value. Perdue, at 554-55. An enhancement may
be appropriate if the attorney’s performance includes an extraordinary outlay of
expenses and litigation is exceptionally protracted. Id. at 555. There may also be
extraordinary circumstances supporting an enhancement when an attorney’s
7
performance involves exceptional delay in the payment of fees. Id. at 556. The U.S.
Supreme Court has also recognized that there are rare circumstances where superior
attorney performance is not adequately taken into account in the lodestar calculation.
Id. at 554. Enhancement requires specific evidence that the lodestar fee would not
have been adequate to attract competent counsel. Id. citing Blum, 465 U.S. at 897.
Notably, this framework developed within the context of federal civil rights
cases, which allow the prevailing party to recover a reasonable attorney fee from the
non-prevailing party. See Perdue, 559 U.S. at 550. This is at odds with the general
rule in the American legal system that each party must pay its own attorney fees. Id.
This is also distinguishable from the instant case because class counsel does not seek
their fee from the non-prevailing party. Rather, they seek their fee from the common
fund brought into existence through their own work and effort.
The U.S. Supreme Court has recognized that a litigant or a lawyer who
recovers a common fund for the benefit of persons other than himself or his client is
entitled to a reasonable attorney fee from the fund. Boeing Co. v. Van Gemert, 444
U.S. 472, 478 (1980). This common fund doctrine rests on the perception that those
who obtain the benefit of a lawsuit without contributing to its cost are unjustly
enriched at the successful litigant’s expense. Id. In both fee shifting cases and
common fund cases the attorney fee is ultimately financed by the opposing party.
However, the Supreme Court has placed greater restrictions on attorney fees
recovered from fee shifting provisions than those recovered from common funds.
While fee shifting cases explain the logic behind multipliers, courts often do
not follow this reasoning in class actions. Trask, 86 La. L. Rev. at 411. Federal courts
instead apply the Johnson factors to adjust the lodestar in a class action. See e.g. In
re Enron Corp. Securities, Derivative & ERISA Litigation, 586 F. Supp. 2d 732 (S.D.
Tex. 2008). The twelve Johnson factors are (1) the time and labor required; (2) the
novelty and difficulty of the issues; (3) the skill required to perform the legal service
8
adequately; (4) the preclusion of other employment by the attorney because he
accepted this case; (5) the customary fee for similar work in the community; (6)
whether the fee is fixed or contingent; (7) time limitations imposed by the client or
the circumstances; (8) the amount involved and the results obtained; (9) the
experience, reputation, and ability of the attorneys; (10) the undesirability of the
case; (11) the nature and length of the professional relationship with the client; and
(12) awards in similar cases. Id. at 755. Based on one or more Johnson factors, the
court may apply a multiplier to adjust the lodestar up or down if that factor or factors
are not already taken into account by the lodestar itself. Id. at 756
The Johnson factors allow courts more leeway to apply a multiplier than the
very restrictive framework set forth in Perdue. However, there is commonality
between the two approaches as both consider whether the baseline fee is adequate to
attract and compensate counsel considering the resources expended on the case. We
find it persuasive that even applying the stricter guidelines developed for fee shifting
cases, this case still appears to be the rare exception where a multiplier is appropriate.
For similar reasons, the more permissive Johnson factors also support enhancement.
An enhancement may be appropriate if the attorney’s performance includes
an extraordinary outlay of expenses and the litigation is exceptionally protracted.
Perdue, 559 U.S. at 555. This case was instituted in 2006 on a contingency fee basis.
It has been ongoing for two decades. The attorneys have carried the expense of this
prolonged litigation that included two trials, five writs to the Louisiana Supreme
Court, and over half a million dollars in costs and expenses. We find this to be an
extraordinary outlay of expenses that supports the application of a multiplier.
An enhancement may also be appropriate in circumstances where an
attorney’s performance involves an exceptional delay in the payment of fees. Id. at
556. These attorneys were first awarded attorney fees on May 15, 2017. Nearly a
9
decade later, their fee remains in dispute. This constitutes an exceptional delay in
the payment of fees that supports the application of a multiplier.
Finally, there may be circumstances where superior attorney performance is
not adequately taken into account in the lodestar calculation because the lodestar fee
would not have been adequate to attract competent counsel. Id. at 554. Here, the
attorneys undertook significant risks and have worked on a contingency fee basis for
two decades. This litigation was an enormous effort and the primary goal, to
determine that the Basin was a river owned by the private sector, was accomplished.
The issues presented were novel and difficult, and the litigation was lengthy and
expensive. Under these circumstances, the lodestar fee alone would not have been
adequate to attract competent counsel. This factor also supports application of a
multiplier.
In sum, an enhancement may be appropriate when superior attorney
performance is not adequately considered in the lodestar calculations, when the
attorney’s performance includes an extraordinary outlay of expenses and the
litigation is exceptionally protracted, and where the attorney’s performance involves
exceptional delay in the payment of fees. Perdue, 559 U.S. at 554-56. All of these
factors are present here. We therefore agree that the trial court abused its discretion
when it failed to apply a multiplier to the lodestar fee.
Enhancement of the baseline fee is also supported by the affidavit of Dane
Ciolino, a professor at Loyola Law School and an expert regarding legal fees. Mr.
Ciolino’s affidavit in this matter was executed on September 7, 2016. In it he opined
that the lodestar baseline fee in this case should be increased by a multiplier:
[I]t is my opinion that an increase of the baseline lodestar by a
multiplier in this case is appropriate for two reasons. First, the plaintiffs
filed the Crooks suit in 2006–more than 10 years ago. Since then, their
lawyers have invested time and costs for which they have yet to be
compensated. Given this extraordinary delay, it is my opinion that a
multiplier should be used.
10
Second, the lawyers representing the plaintiffs in the Crooks
litigation undertook significant risk of loss. Given the risk undertaken
by the lawyers, it is my opinion that a multiplier is appropriate.
As to the amount of the multiplier, the nationwide mean
multiplier used in lodestar cases is approximately 1.75. See generally
Newberg on Class Actions § 15:50 (citing Brian T. Fitzpatrick, An
Empirical Study on Class Action Settlements and Their Fee Awards, 7
J. Empirical Legal Stud. 811, 833-34 (2010) (reporting the mean
multiplier to be 1.65); Theordore Eisenberg and Georffrey P. Miller,
Attorney Fees and Expenses in Class Action Settlements: 1993-2008, 7
J. Empirical Legal Stud. 248, 247 tbl.14 (2010) (reporting the mean
multiplier to be 1.81)). However, given the amount of time that the
Crooks litigation has been pending, and the risk undertaken by the
plaintiffs’ lawyers, it is my opinion that a higher than average multiplier
should be applied, namely, a multiplier in the range of 2-4.
Thus, the average multiplier used in lodestar cases is approximately 1.75, but
Mr. Ciolino suggested a higher multiplier in the range of two to four. Multipliers
between two and four are considered reasonable in complex class actions. Fikes
Wholesale, Inc. v. HSBC Bank USA, N.A., 62 F.4th 704 (2d Cir. 2023) (lodestar
multiplier of 2.45 in antitrust class action); Voulgaris v. Array Biopharma, Inc., 60
F.4th 1259 (10th Cir. 2023) (lodestar multiplier of 2.8 in securities fraud class action);
In re Diet Drugs, 582 F.3d 524 (3d Cir. 2009) (lodestar multiplier of 2.6 in products
liability class action); Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002)
(lodestar multiplier of 3.65 in employee benefits class action); In re Combustion,
Inc., 968 F. Supp. 1116 (W.D. La. 1997) (lodestar multiplier of 2.99 in mass tort
class action); Riveman v. Burlington N.R. Co., 118 F.R.D. 29 (S.D.N.Y. 1987)
(lodestar multiplier of 3.26 in class action involving bonds); In re Ikon Office Sols.,
Inc., Sec. Litig., 194 F.R.D. 166 (E.D. Pa. 2000) (lodestar multiplier of 2.7 in
securities fraud class action).
However, Mr. Ciolino’s report also suggested reasonable hourly rates for the
lawyers as follows: $350-450 per hour for the most senior or experienced lawyers;
$250-350 per hour for partners; $100-250 per hour for associates; $50-80 per hour
for paralegals and law clerks. Given these rates, he opined that a blended all-lawyer
rate would range from $225-350 per hour. The multiplier and the underlying rate
11
must be considered together, and it is within this context that a multiplier of two to
four was suggested. The trial court instead used an hourly rate of $425.00 per hour.
Because a higher hourly rate was used in the baseline calculation, the appellate court
erred in applying a multiplier at the very high end of the acceptable range. We
instead find a multiplier of three to be the appropriate enhancement. Multiplying the
trial court’s attorney fee award of $5,571,218.75 by a factor of three yields an
attorney fee award of $16,713,656.20.
A lawyer shall not collect an unreasonable fee. Rule 1.5(a) of the Louisiana
Rules of Professional Conduct. Courts may inquire as to the reasonableness of
attorney fees as part of their prevailing, inherent authority to regulate the practice of
law. State, Dept of Transp. and Development v. Williams, 597 So. 2d 439, 441-42
(La. 1992). We recognize that here the attorney fee exceeds the value of the
monetary recovery. However, it is reasonable when the full value of the class
action’s recovery is considered. La Code of Civ. Proc. art. 595(A) allows a court to
award attorney fees “when as a result of the class action a fund is made available, or
a recovery or compromise is had which is beneficial, to the class.” Emphasis added.
The plain language of this article permits an attorney fee award not only when a fund
is available, but also when some other type of recovery is had that is beneficial to
the class.
Here, class counsel succeeded in reclassifying the Catahoula Basin. This
resulted in the Lake Plaintiffs being recognized as “the legal owners of the river
banks in the Catahoula Basin, consisting of 22,813.84 acres of lands located between
the ordinary low water mark of the Little River and the ordinary high water mark of
36 feet mean sea level of the Little River.” Class counsel submitted the affidavit of
Michael Cope, a Louisiana licensed real estate appraiser, who stated that the fair
market value of the land at issue was $3,100.00 per acre as of his October 24, 2024
affidavit. Establishing ownership of this land was a significant recovery that benefits
12
the class. Class counsel also recovered royalty payments for the class that stems from
their newly recognized ownership of the land. Article 595 allows the court to grant
attorney fees when a class action results in a fund or recovery that is beneficial to
the class. This recovery includes the land, although we recognize some dispute
remains between the parties as to its exact value.
The trial court awarded legal interest from the date of its new award,
December 6, 2024. The appellate court amended to allow interest from the date of
the original award, May 15, 2017. The date interest begins to run on an award of
attorney fees is the date on which they are awarded by the trial court because that is
the date that their amount is ascertainable. Sharbono v. Steve Lang & Sons Loggers,
97-0110 (La. 7/1/97), 696 So.2d 1382, 1387-88. Attorney fees were awarded by the
trial court on May 15, 2017. This award has been revised but never vacated. Thus,
we agree that May 15, 2017, is the operable date for purposes of legal interest.
In making this award, we are cognizant of the fact that additional expenses lie
ahead. We recognize some money must remain in the common fund to bring this
matter to fruition. Thus, the case is remanded to the trial court to decide what
reserves should be retained in the common fund and how the attorney fees will be
paid.
CONCLUSION
We amend the appellate court’s judgment to reduce the attorney fee award
from $22,284,875.00 to $16,713,656.20. In all other respects, the appellate court’s
judgment is affirmed.
APPELLATE COURT JUDGMENT AFFIRMED AS AMENDED.
REMANDED.
13
SUPREME COURT OF LOUISIANA
No. 2026-C-00448
STEVE CROOKS, ET AL.
VS.
STATE OF LOUISIANA, THROUGH THE LOUISIANA
DEPARTMENT OF NATURAL RESOURCES, ET AL.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Rapides
WEIMER, C.J., dissenting in part.
The long history of this class action is detailed in the majority opinion. The
court now finds itself in the middle of the all too common issue of the value of
services rendered by attorneys in a class action suit. There is no debate the attorneys
who make up class counsel are eminently skilled and performed remarkable work in
obtaining an overall favorable result for class members. However, because the
original monetary judgment was substantially reduced on appeal, this court previously
remanded the case to the district court to set a reasonable attorney fee:
[I]n light of the significant reduction in the overall damages ultimately
awarded to the class in this case, this matter is remanded to the district
court for a hearing to determine a reasonable attorney fee, pursuant to
LSA-C.C. art. 595.
Crooks v. Dep’t of Nat. Res., 24-00432, p. 3 (La. 6/25/24), 386 So.3d 1073, 1075.
This court explained that the attorney fee was fixed in a separate judgment after trial,
and the issue did not arise until after a reversal of the “lion’s share” of the class
plaintiffs’ damages award. Id, 24-00432 at 1-2, 386 So.3d at 1074-75. The court’s
per curiam opinion expressed obvious concern given that the class members were
liable for a $22,075,843.82 attorney fee award when their monetary recovery
plummeted from approximately $42.9 million to approximately $4.7 million, plus
interest. See id. This court is now tasked with evaluating whether the attorney fee
awarded on remand was reasonable, as the purpose of lawsuits is not to enrich
attorneys, but to ensure fair, just, and reasonable compensation.
Following this court’s remand order, the district court used the lodestar method
and determined a reasonable fee to be $5,571,218.75. The court of appeal approved
the use of that method, but found the district court should have applied a multiplier
to the baseline lodestar fee. By applying a factor of four to the district court’s
$5,571,218.75 attorney fee award, the court of appeal increased the award to
$22,284,875.00—more that the amount originally awarded post-trial and before the
reversal of most of the monetary award on appeal. The majority finds application of
a multiplier was correct, but lowers it to a factor of three, thereby reducing the
attorney fee award to $16,713,656.20. Finding application of any multiplier
inappropriate in this case, I must respectfully dissent.
In class actions, attorney fees are allowable “when as a result of the class action
a fund is made available, or a recovery or compromise is had which is beneficial, to
the class.” La. C.C.P. art. 595. Class counsel successfully had the Catahoula Basin
classified as a river, rather than a lake, resulting in plaintiffs being recognized as legal
owners of the land located between the low and high water marks.1 In addition to the
value of that land, class counsel recovered approximately $4.7 million in past oil and
gas royalty payments for those plaintiffs. Thus, class counsel obtained both a
monetary fund and a beneficial recovery for the class, and both should be taken into
consideration when determining reasonable attorney fees.
1
The total acreage recovered by class counsel for class members has not yet been calculated. Based
on my reading of Judge Boddie’s reasons for judgment, it appears that he determined there are
approximately 22,813.84 acres in the Catahoula Basin below the high water mark. Thus, this acreage
would include land already owned by the plaintiffs prior to suit, as well as land owned by the State
and any land owner who opted out of the class action. The land was valued at $3,100.00 per acre.
2
The lodestar method used by the lower courts is an acceptable approach for
courts to use to determine a reasonable fee, as it produces an award that roughly
approximates the fee that the attorney would have received if he or she had been
representing a paying client who was billed by the hour in a comparable case.
Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542, 551 (2010). This method of
calculation is objective and, thus, limits the discretion of the trial judge, permits
meaningful judicial review, and produces reasonably predictable results. Id. at 552.
In using this method, the initial estimate of a reasonable attorney fee is properly
calculated by multiplying the number of hours reasonably expended on the litigation
times a reasonable hourly rate, which is to be calculated according to the prevailing
market rates in the relevant community. Covington v. McNeese State Univ., 12-
2182, p. 5 (La. 5/7/13), 118 So.3d 343, 348. The district court performed this
calculation by multiplying the undisputed total hours of 13,108.75 by an hourly rate
of $425.00 per hour to reach an attorney fee award of $5,571,218.75. The court of
appeal enhanced that figure by applying a multiplier of four, thereby, increasing the
fee to $22,284,875.00.
A strong presumption exists that the lodestar figure represents a reasonable fee
and, therefore, it should only be enhanced or reduced in rare and exceptional cases.
Perdue, 559 U.S. at 552. The majority finds this is such a case, noting factors
supporting enhancement (when superior attorney performance is not adequately
considered in the lodestar calculations; when the attorney’s performance includes an
extraordinary outlay of expenses and the litigation is exceptionably protracted; where
the attorney’s performance involves exceptional delay in the payment of fee) were all
present in this case. But, if an enhancement to the lodestar calculation is allowed, it
cannot be based on a factor which is subsumed in the lodestar calculation.
3
Covington, 12-2182 at 12, 118 So.3d at 351 (citing Perdue, 559 U.S. at 553). In my
opinion, this is where the majority errs.
In their applications of the lodestar method, the lower courts and the majority
relied on the expert report of Professor Dane Ciolino. Notably, Professor Ciolino
stated that the reasonable hourly rates for the lawyers involved in this case would
range from $225.00 to $350.00 per hour (blending rates for all levels of lawyers).
Although he opined that a multiplier between two and four was appropriate to
account for the delay in compensation and the risk for taking the case on contingency,
that opinion was provided in conjunction with the lower base rate range. The
application of an enhancement is not warranted here because any delay in
compensation and risk of loss was already clearly accounted for in the district court’s
upward deviation in the base rate to $425.00 per hour. It is also worth noting that
Professor Ciolino’s opinion was expressed when he considered the case prior to the
substantial reduction in damages when the attorneys had achieved a much more
successful outcome. In Louisiana, an award of attorney fees is reviewed by the
appellate court for an abuse of discretion. Covington, 12-2182 at 6, 118 So.3d at 348.
The trial court’s factual findings will not be set aside absent manifest error. Id.
While the fee may be on the lower end of compensation for such a long and complex
class action case, I cannot say the district court abused its vast discretion in setting
the fee, especially when considering it exceeded the $4.7 million in monetary
damages actually awarded to class plaintiffs.
As a final note, although not directly related to this court’s majority opinion,
I must express concerns regarding future collection of the attorney fee. There is no
question that the cash available in the common fund is not sufficient to satisfy the
$16,713,656.20 plus interest attorney fee awarded by the majority opinion. Although
4
the total acreage of the land recovered for class members has not been fully
calculated, it is likely of a sufficient value to satisfy the attorney fee award. However,
the only way class counsel can fully collect their fee is to take it in kind–whether
class members transfer certain property or whether class counsel obtains a judicial
mortgage on the property. I have strong reservations regarding the propriety of the
attorneys effectively becoming co-owners of property with class members, or
allowing the attorneys to place a judicial mortgage on the property with the ability to
force a sale. Such a scenario appears disconcerting at a minimum.
For the above reasons, I respectfully dissent in part.
5