![]() ![]() Although the general rule in Indiana is that all parties to a lawsuit are obligated to pay their own attorney fees, Indiana courts have carved out an exception for "common fund" situations. CAC correctly asserts that the Commission had authority to order an award of attorney fees to be paid out of the refunds due ratepayers.Although we recognize the strong public policy favoring settlement agreements, we reject the notion that the commission must accept an agreement endorsed by the OUCC without determining whether the public interest will be served by the agreement. Essentially, CAC's position is that the commission acts merely in a ministerial manner and must accord a settlement reached by the CAC and the OUCC a strong presumption of approval.In re Washington Public Power Supply Sys. The court then may enhance the lodestar with a "multiplier," if necessary, to arrive at a reasonable fee. ![]() Under the lodestar-multiplier method, a court first calculates the "lodestar" by multiplying the number of hours reasonably expended on the case by a reasonable hourly rate.The party who asserts the invalidity of an agency action bears the burden to demonstrate the invalidity. Northern Indiana Public Service Co., 485 N.E.2d at 612-13 Gary-Hobart Water v. An order is contrary to law if the commission exceeded its jurisdiction and failed to conform to the statutory standards and legal principles involved in producing its decision. ![]()
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