Teacher fired for in vitro seeks attorney fees

January 15, 2015

A teacher who won a lawsuit against the Roman Catholic Diocese of Fort Wayne-South Bend after being fired for trying to get pregnant through in vitro fertilization is now seeking about $756,000 in attorney fees.

Emily Herx's attorney Kathleen DeLaney filed a motion Tuesday to have the court order the diocese to pay Herx's attorney fees. The motion was filed a day after U.S. District Judge Robert L. Miller Jr. cut the $1.9 million judgment a jury awarded to Herx last month to just under $544,000.

Court document show the costs include DeLaney's rate of $450 an hour over 523 hours and nine other attorneys' fees totaling $717,190. The motion also seeks $25,950 for expert witness fees and $13,278 in other costs.


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