In Parker v. EnerNoc, Inc., Judge Salinger considered the plaintiff’s request for attorneys’ fees after the plaintiff prevailed on her employment-based claims at trial. According to Judge Salinger, the plaintiff did not submit “any real evidentiary support” for her attorneys’ hourly rates. Judge Salinger nonetheless relied on his own experience of “prevailing market rates for similar services by persons with comparable experience” to determine whether the fees were reasonable.
Judge Salinger noted that reliance on his own knowledge of prevailing market rates “appears . . . permissible under Massachusetts law.” He cited Handy v. Penal Institutions Commissioner of Boston, 412 Mass. 759, 767 (1992), and Edinburg v. Edinburg, 22 Mass. App. Ct. 192, 198 (1986), for that proposition. Judge Salinger further noted, however, that there is a “sharp split” on the issue among federal courts, including between the First Circuit and the Fifth Circuit.