Full opinion text
REAVLEY, Circuit Judge: The court below entered a judgment in favor of Melissa Migis on her claim of pregnancy discrimination under Title VII, 42 U.S.C. §§ 2000e et seq. Defendant Pearle Vision, Inc. appeals on various grounds, and Migis cross appeals on an item of costs. We reverse the award of attorney’s fees, and remand for further proceedings. Otherwise we affirm. A. Liability for Pregnancy Discrimination Pearle Vision argues that the trial court erred in denying its motion for judgment and finding that Pearle Vision had discriminated against Migis on the basis of her pregnancy. Title VII prohibits employer discrimination against an individual because of such individual’s sex. 42 U.S.C. § 2000e-2(a)(1). The term “because of sex” includes “because of ... pregnancy, childbirth, or related medical conditions.” Id. § 2000e(k). While Pearle Vision presented a substantial case that Migis’s termination was not based on her pregnancy, but instead was part of an ongoing, large-scale reduction in force, we cannot say that the district court’s finding of discrimination was clearly erroneous. The evidence in support of that finding includes the following. Migis was a programmer/analyst in the corporate systems group of Pearle Vision’s information services department. For three years she received positive employee evaluations, indicating that her work was fully satisfactory though not exceptional. Migis learned that she was pregnant in January of 1994. She told her immediate supervisor, Mark McQuay, but asked that MeQuay keep the knowledge of her pregnancy to himself. Migis was concerned “because of all the women that were being let go and all the discrimination which was taking place at the time.” She also wanted to wait until Mike Maher, a vice president, was transferred back to the United Kingdom in March, because she considered Maher a sexist. Management became aware of Migis’s pregnancy in March or April. Due to pregnancy complications related to her diabetes and on the advice of her physician, Migis began working half days, and on April 6 went on temporary disability. She intended to return to work, and so informed McQuay. McQuay reported to Glenn Graves, the director of information services, who in turn reported to Colin Heggie, a senior vice president. In February management began discussions of a staff reduction in the corporate services group. MeQuay testified that management decided to terminate Randy Ragsdale, a senior programmer/analyst, and Tracy Culpepper, a programmer/analyst. Confidential memoranda from Graves to Heggie also reflect this decision. MeQuay testified that he had recommended that Migis be retained because of her performance, and that there was no reason she could not be promoted to senior programmer/analyst. Kelly Keahon, the head of the human resources department, advised Graves to clearly state and document for Heggie the anticipated personnel actions. While Graves testified that management had decided to eliminate three positions in the corporate systems group, his memos reflect that only two positions, held by Ragsdale and Culpep-per, were to be eliminated. In addition, an organizational chart has handwritten notes by Graves indicating that staffing in the corporate systems group was to be reduced by one senior programmer/analyst and one programmer/analyst. Graves did not tell McQuay that Migis, in addition to Ragsdale and Culpepper, was slated for termination. McQuay testified that Graves drew a distinction between maternity leave and disability leave, and was of the view that Migis had taken the latter. McQuay stated that Graves was “excited” that Migis was on disability leave because he thought Pearle Vision had greater latitude to eliminate the job if the latter type of leave was taken. Graves denied making such a statement, but the magistrate judge found McQuay’s testimony more credible on this point. Migis gave birth in September, and on October 4 Migis met with Graves regarding her return to work. She was told that her position had been eliminated. The magistrate judge found that a senior programmer position in the corporate systems group was retained, and that a new position for a senior programmer in that group was created. The court credited MeQuay’s testimony that Mig-is was qualified for a senior programmer position. Graves told Migis that there was an opening for a programmer in the product support group of the information services department. This position went to Susan Marshall, who was not pregnant and had worked for Pearle Vision as a contract employee since September. Graves testified that members of the product support group were opposed to bringing Migis into their group because of her work ethic and judgment. He stated that he and the head of the product support group did not “attempt to determine [Mig-is’s] qualifications in relationship to the qualifications or in comparison to the qualifications of Susan Marshall.” Given this and other evidence, the magistrate judge concluded that Pearle Vision’s proffered reasons for eliminating Migis’s job were pretextual, and that Pearle Vision had discriminated against Migis on the basis of her pregnancy when it terminated her. While Pearle Vision offered evidence to the contrary, including plausible explanations for the documents discussed above, we are not persuaded that the district court clearly erred in finding a Title VII violation. B. Back Pay Damages Pearle Vision challenges the back pay awarded to Migis. Migis was formally notified of her termination on November 7,1994, when she received a separation agreement which she refused to sign. Her compensation from Pearle Vision ceased on November 25. She received an offer of employment from another company on December 19, but did not begin employment there until January 23, 1995. The court awarded back pay for the period between November 25 and January 23. Pearle Vision argues that the back pay should only cover the period from November 25 to December 19, the date of Migis’s new job offer. A Title VII plaintiff has a duty to mitigate her damages by using reasonable diligence to obtain substantially equivalent employment. Sellers v. Delgado College, 902 F.2d 1189, 1193 (5th Cir.1990). Whether the plaintiff has engaged in such an effort is a question of fact subject to review for clear error, and the burden is on the employer to prove failure to mitigate. Id. Migis testified that her new employer told her she could start two weeks after the December 19 offer. However, she explained that she canceled her day care after she lost her job at Pearle Vision. She described finding new day care as “a very strenuous process” and stated that she went to work immediately once she arranged for the care of her daughter. The district court did not clearly err in finding that Migis could not secure suitable child care until January 23, and had accordingly used reasonable diligence in mitigating her damages. C. Compensatory Damages Pearle Vision also challenges the district court’s award of $5000 in compensatory damages. Where, as here, the employer has more than 500 employees, Title VII claimants may recover compensatory damages of up to $300,000. 42 U.S.C. §§ 1981a(a)(l) & (b)(3)(D). The statute describes such compensatory damages as including damages for “emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.” Id. § 1981a(b)(3). Our review of mental anguish damages is for abuse of discretion. Patterson v. P.H.P. Healthcare Corp., 90 F.3d 927, 940 (5th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 767, 136 L.Ed.2d 713 (1997). In Patterson, we reversed awards of mental anguish damages granted to two plaintiffs suing under Title VII and 42 U.S.C. § 1981. We held that awards under the two statutes are governed by the same rules, and that mental anguish damages cannot be recovered absent “some specific discernable injury to the claimant’s emotional state.” Id. In Patterson, one of the plaintiffs, Patterson, testified that her firing “emotionally scarred her and resulted in unemployment for almost one year.” Id. Noting the lack of medical evidence or corroborating testimony, we held that Patterson had not offered sufficient competent evidence to support the award of mental anguish damages, since “[n]o evidence suggests that Patterson was humiliated or subjected to any kind of hostile work environment.” Id. at 941. The second plaintiff, Brown, suing for racial discrimination, testified that the work environment was “unbearable” and was “tearing my self-esteem down,” that he was subjected to racial epithets, and that he felt “frustrated” and “real bad” at being judged for the color of his skin. Id. at 939. Noting the lack or corroborating testimony or medical evidence, we found the evidence insufficient to sustain an award for emotional damages, since “[n]o evidence suggests that Brown suffered from sleeplessness, anxiety or depression.” Id. at 939. The court further noted that immediately after his constructive discharge Brown obtained new employment at a higher wage. Id. at 939-40. Patterson did not hold that medical evidence or corroborating testimony is always required for an award of mental anguish damages. Instead we stated that some other circuits “have recognized that a claimant’s testimony alone may not be sufficient to support anything more than a nominal damage award,” and that Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978), “requires a degree of specificity which may include corroborating testimony or medical or psychological evidence in support of the [mental anguish] damage award.” Id. at 938, 940 (emphasis added). Patterson also quoted at length an EEOC policy statement which recognizes that emotional harm may manifest itself “as sleeplessness, anxiety, stress, depression, marital strain, humiliation, emotional distress, loss of self esteem, excessive fatigue, or a nervous breakdown.” Id. at 939 (quoting EEOC Policy Guidance No. 915.002 § 11(A)(2), at 10-12 (July 14,1992)). In Farpella-Crosby v. Horizon Health Care, 97 F.3d 803 (5th Cir.1996), the plaintiff prevailed on a Title VTI hostile work environment claim. We upheld an award of compensatory damages. The plaintiff testified that she felt “very embarrassed, very belittled,” “very disgusted,” “hopeless,” “about two inches high,” and “started to feel pretty stupid,” as a result of a superior’s harassment. Id. at 809. She stated that the work environment was “very stressful” and that she was “embarrassed every time [she] went in there.” A fiiend testified that she and plaintiff began to go everywhere together, believing that there was “safety in numbers.” Id. Discussing and distinguishing Patterson, we held this evidence sufficient to support an award of compensatory damages, since the jury could conclude that plaintiff “suffered emotional harm that manifested itself as humiliation and stress.” Id. The evidence of mental anguish testimony in the pending case consisted solely of Mig-is’s testimony. She testified that her termination, which came without warning, was “a major inconvenience,” and that she suffered low self-esteem “not only from not having worked but from getting terminated and not offered a position that I thought I was qualified for....” With her new baby she suffered financial hardships. She stated that she suffered “almost what I would call stress attacks or anxiety attacks,” marital hardship, and “major stress,” as well as “lot[s] of crying, sleeplessness.” “Judgments regarding noneconomic damages are notoriously variable.” Forsyth v. City of Dallas, 91 F.3d 769, 774 (5th Cir. 1996), cert. denied, — U.S.-, 118 S.Ct. 64, 139 L.Ed.2d 26 (1997). We conclude that the award of compensatory damages was within the court’s discretion. As explained above, Patterson recognizes that mental anguish damages may be appropriate where the plaintiff suffers sleeplessness, anxiety, stress, marital problems, and humiliation, and does not always require that the plaintiff offer medical evidence or corroborating testimony in addition to her own testimony. Far-pella-Crosby, too, accepts that stress and humiliation can support an award of mental anguish damages. Migis’s testimony of anxiety, sleeplessness, stress, marital hardship and loss of self-esteem was sufficiently detailed to preclude us from holding that the district court abused its discretion in its award of compensatory damages. D. Attorney’s Fees Pearle Vision challenges the district court’s award of approximately $81,000 in attorney’s fees to Migis. Migis had requested approximately $110,000 in fees. Under Title VII the court “may allow the prevailing party ... a reasonable attorney’s fee.... ” 42 U.S.C. § 2000e-5(k). The calculation of attorney’s fees involves a well-established process. First, the court calculates a “lodestar” fee by multiplying the reasonable number of hours expended on the case by the reasonable hourly rates for the participating lawyers. Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 324 (5th Cir.1995). The court then considers whether the lodestar figure should be adjusted upward or downward depending on the circumstances of the case. Id. In making a lodestar adjustment the court should look to twelve factors, known as the Johnson factors, after Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974). The factors are: (1) the time and labor required for the litigation; (2) the novelty and difficulty of the questions presented; (3) the skill required to perform the legal services properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the amount involved and the result 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 717-19. We review the district court’s initial determination of reasonable hours and reasonable rates for clear error, and its application of the Johnson factors for abuse of discretion. Louisiana Power & Light, 50 F.3d at 324, 329. Some of these factors are subsumed in the initial lodestar calculation and should not be double counted. Shipes v. Trinity Industries, 987 F.2d 311, 320 (5th Cir.1993). We have explained that, of the Johnson factors, the court should give special heed to the time and labor involved, the customary fee, the amount involved and the result obtained, and the experience, reputation and ability of counsel. Von Clark v. Butler, 916 F.2d 255, 258 (5th Cir.1990). The Supreme Court has twice made clear that “the most critical factor” in determining the reasonableness of a fee award in a civil rights suit “is the degree of success obtained.” Farrar v. Hobby, 506 U.S. 103, 114, 113 S.Ct. 566, 574, 121 L.Ed.2d 494 (1992) (quoting Hensley v. Eckerhart, 461 U.S. 424, 436, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983)). The magistrate judge recognized the above procedure, and entered a careful and thorough order analyzing Migis’s fee request and Pearle Vision’s objections. The court noted that the suit was hotly contested and that Pearle Vision amassed over $200,000 in attorney’s fees. The court reduced the lodestar amount it calculated by ten percent based on the results obtained. Nevertheless, we conclude that the court did not give adequate consideration to the eighth Johnson factor, the amount involved and the result obtained. By any fair measure, Migis’s success relative to the relief she sought was limited. She proceeded to trial on the dual claims that Pearle Vision discriminated against her in terminating her position and in failing to hire her for the opening in the product support group. The district court only found discrimination as to the termination. Further, her complaint alleged four acts of discrimination against Migis “on account of her sex and/or pregnancy,” including her discharge, Pearle Vision’s failure to allow her to return to work, discrimination in the terms, conditions, and privileges of her employment, and retaliation. Migis prevailed only on the first theory, and only on the basis of pregnancy discrimination. As indicated in interrogatory answers, she sought recovery of back pay and benefits of $25,000, and punitive and compensatory damages of $300,000. At trial she asked for $50,000 in compensatory damages. The court awarded her only $7,233.32 in back pay, $5000 in compensatory damages, and no punitive damages. Migis argues that in addition to the award of damages, “[s]he received, importantly, a finding and declaration by the court that she had been discriminated against on the basis of pregnancy.” The judgment indeed declares that Pearle Vision discriminated against her. However, the Supreme Court has held that such a declaration does not alter the rule that the plaintiffs monetary success in a private civil rights suit must be the primary determinant of the attorney’s fee. “Where recovery of private damages is the purpose df ... civil rights litigation, a district court, in fixing fees, is obligated to give primary consideration to the amount of damages awarded as compared to the amount sought.” Farrar, 506 U.S. at 114, 113 S.Ct. at 575 (quoting City of Riverside v. Rivera, 477 U.S. 561, 585, 106 S.Ct. 2686, 2700, 91 L.Ed.2d 466 (1986) (Powell, J., concurring)). Migis also argues that this is not a case where the plaintiffs suit can be segregated into discrete claims, because all of her contentions involved a common core of facts, and because she only prosecuted a single, discrete claim of pregnancy discrimination. Even if Migis’s characterization is correct, where “a plaintiff has achieved only partial or limited success, the product of hours reasonably expended on the litigation as a whole times a reasonable hourly rate may be an excessive amount. This will be true even where the plaintiffs claims were interrelated, nonfrivolous, and raised in good faith.” Hensley, 461 U.S. at 436, 103 S.Ct. at 1941. The attorney’s fee award was over six and one-half times the amount of damages awarded. Migis sought over twenty-six times the damages actually awarded. Regardless of the effort and ability of her lawyers, we conclude that these ratios are simply too large to allow the fee award to stand. We hold that the district court abused its discretion by failing to give adequate consideration to the result obtained relative to the fee award, and the result obtained relative to the result sought. We therefore reverse the award of attorney’s fees and remand the case for a new determination of fees consistent with this opinion. E. Costs Pearle Vision and Migis complain of the district court’s award of costs. Migis requested costs of $6400.64. The district court awarded costs of $4297.32. It disallowed the witness and process fees for certain witnesses, the cost of plaintiffs videotaped deposition, and costs associated with computerized legal research, couriers, postage and copying. The district court has broad discretion in taxing costs, and we will reverse only upon a clear showing of abuse of discre.tion. Alberti v. Klevenhagen, 46 F.3d 1347, 1358 (5th Cir.1995). The trial court “has wide discretion with regard to the costs in a case and may order each party to bear his own costs.” Hall v. State Farm Fire & Cas. Co., 937 F.2d 210, 216 (5th Cir.1991). Pearle Vision argues that the district court should have disallowed Migis’s costs associated with pursuing her unsuccessful claim that Pearle Vision discriminated against her in failing to offer her a new position. The district court disallowed a substantial portion of the costs Migis requested. Even assuming that it is feasible to segregate costs by the two claims Migis prosecuted, Pearle Vision’s refusal to rehire her in a new position was arguably of evidentiary value to the claim on which she did prevail— discrimination in her termination — even if the refusal to rehire her was not itself found to be a separate Title VII violation. We cannot say that the court abused its discretion in awarding the costs that it did. Migis complains that the court erred in denying her the cost of her videotaped deposition. The deposition was transcribed by a court reporter and videotaped. Pearle Vision provided Migis a copy of the transcript. Migis requested and paid for a copy of the videotape. As to deposition fees, 28 U.S.C. § 1920(2) only allows for the recovery of “[f]ees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case.” There is no provision for videotapes of depositions. Even if the statute can be interpreted to include such copies, Migis does not show that the videotape of her own deposition, in addition to the transcript, was “necessarily obtained for use in the ease.” We see no abuse of discretion in denying this cost. For the foregoing reasons, the district court’s award of attorney’s fees is reversed, and the case is remanded for a redetermination of attorney’s fees. In all other respects the judgment is affirmed. AFFIRMED IN PART, REVERSED IN PART, and REMANDED. . By agreement the case was tried to a United States magistrate judge under 28 U.S.C. § 636(c). Upon the entry of judgment by the magistrate, the parties were entitled to appeal the judgment to this court "in the same manner as an appeal from any other judgment of a district court.” Id. § 636(c)(3). The district court's findings in this Title VII case are subject to the clearly erroneous standard of review. EEOC v. Clear Lake Dodge, 60 F.3d 1146, 1151 (5th Cir. 1995). "A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948). "Where the court’s finding is based on its decision to credit the testimony of one witness over that of another, 'that finding, if not internally inconsistent, can virtually never be clear error.' ” Schlesinger v. Herzog, 2 F.3d 135, 139 (5th Cir.1993) (quoting Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 518 (1985)). . Migis v. Pearle Vision, Inc., 944 F.Supp. 508 (N.D.Tex.1996). . Id. at 514. . Id. at 516. . Although Migis sought $300,000 in compensatory damages and $300,000 in punitive damages, she correctly points out that by statute the sum of these two cannot exceed $300,000. 42 U.S.C. § 1981a(b)(3)(D). . The court also awarded prejudgment interest of $1058.17 and post-judgment interest at a specified rate, but we see no relevance to these awards. The award of interest is automatic and bears no relation to the effort or skill of the attorneys or any other Johnson factor. It merely adjusts the damage award to reflect the time value of money.
RHESA HAWKINS BARKSDALE, Circuit Judge, concurring in part and dissenting in part: Let Us ConsideR The Reason Of The Case. Fok Nothing Is Law That Is Not Reason. Sir John Powell, Lord Raymond’s Reports (1765) vol. 2, p. 911. In truth, the issues in this case are quite unextraordinary; the majority has disposed of them most efficiently. On the surface, for a case of this type, this is as it should be. This is especially true for the attorney’s fee question, which, as is well-established, should not result in a second litigation and take more time and effort (and paper) than the litigation on the merits. So, on the surface, all is well. But, lurking beneath this placid surface is an ever-expanding, ever-growing, ever-devouring two-headed monster: over-reaching Title VII litigation and concomitant fee awards. Here, out of a plethora of claims, Migis succeeded on only one, recovering little more than the rejected pre-trial settlement offer. And, to add insult to injury, her award is dwarfed by the fee awarded her attorney. As the majority notes, “Migis sought over twenty-six times the damages actually awarded” and her “attorney’s fee award was over six and one-half times the amount of damages awarded”. Maj. Op. at 1048. Obviously, something is amiss. Reason, and reasonableness, have been lost in the shuffle. In sum, a person terminated in violation of Title VII, but who found other work almost immediately at a higher compensation, received only approximately $7,200 in back pay and benefits and only $5,000 in compensatory damages (and, in fact, those emotional distress damages should not have been awarded), but rejected a $10,000 settlement offer along the way. To top it off, under the Title VII fee-shifting provisions, her lawyer was awarded $81,000! A fee of $81,000, when damages total only approximately $12,000 and when a settlement offer of $10,000 is rejected four months before trial is more than sufficient cause for taking a close, close look not only at this case, but also at the system and procedures behind it. Where is reason? Where is reasonableness? Certainly, every case is different. Certainly, Title VII fee-shifting serves a purpose. And, certainly, different factors prompt different damages and fee awards. For the latter, the lodestar, with its adjustment procedure, if applied properly, should ensure an acceptable result — a fee that, as required by Title VII, is “reasonable ”. But, I fear that this procedure is being applied in keeping with the times, with the idea that nothing deserves something, and, especially in that regard, that lawyers must be handsomely rewarded, notwithstanding that their labors bore little, if any, fruit. This concern is particularly true when rejection of a pretrial settlement offer almost equal to the total damages is added to the mix. Reason and reasonableness are missing in action. Excess has become an art form. This case, being a splendid — better yet, sad — example, presents issues that demand far more relief and adjustment than my able panel colleagues are willing to accord. Therefore, I must respectfully dissent and hope that this alarm, sounded at considerable, but necessary, length, will reach some ears and, perhaps, help restore reason to the damages and fees awarded in cases of this type. Reason can be restored. Reasonableness can be achieved. On the issues, I concur as to liability, back pay, and denial of the cost of a copy of Migis’ deposition videotape. But, because the evidence and our precedent do not support an award of more than nominal compensatory damages for emotional distress, I dissent from affirming the $5,000 compensatory damages award. And, although I concur in reversing the attorney’s fee award and remanding for further proceedings, I cannot agree either with the refusal to require reduction of the lodestar for time spent on unsuccessful claims and in pursuit of irrelevant evidence, or with awarding costs connected with that pursuit. To assist with focusing on my disagreement and concerns, a restatement of the factual and procedural history is required. I. Pearle employed Migis in January 1991 as a Programmer/Analyst in the Corporate Systems Group, part of the Information Services Department, at Pearle’s headquarters in Dallas, Texas. In early 1994, Migis’ diabetic condition complicated her pregnancy; on the advice of her physician, she began working half-days in late March. In early April, her physician certified that Migis was unable to work due to her physical condition; shortly thereafter, she requested, and was granted, a leave of absence. Migis gave birth to her child on 8 September. Two weeks later, her doctor authorized her to return to work on 7 November. In early October, Migis met with Glenn Graves, director of Migis’ department, who informed her that her position had been eliminated, but that he would ascertain whether she would be qualified for a position in the Product Support Group of the same department. However, Migis was not offered that position; her employment with Pearle ceased effective 11 November 1994. At the time her position was eliminated, Migis’ annual salary was $40,000. On 19 December, just shy of six weeks after her employment ended with Pearle, Migis accepted employment with CompuCom; but, she did not begin work there until approximately a month later, 23 January 1995. At Compu-Com, Migis held the position of programmer/analyst, at a higher annual salary ($43,-840), plus a five percent pay-on-performance bonus. (About a year after she began, her annual salary increased approximately $4,000, to $47,800, plus retaining the five percent pay-on-performance bonus.) In February 1995, less than a month after beginning at CompuCom, Migis filed this action against Pearle, claiming that it discriminated and/or retaliated against her on account of her sex and/or pregnancy by discharging her; failing to allow her to return to work; discriminating against her in the terms, conditions, and privileges of her employment; and retaliating against her. She sought to have Pearle permanently enjoined from discriminating against her in violation of Title VII; a declaratory judgment that its practices were in violation of Title VII; reinstatement, back pay, and/or front pay; compensatory and exemplary damages; attorney’s fees; costs; and pre — and post— judgment interest. The parties consented to trial before a magistrate judge. At her three-day bench trial in June 1996, Migis dropped her claims for reinstatement and front pay. The magistrate judge ruled that Pearle violated Title VII when it eliminated Migis’ position in the Corporate Systems Group; but, that she failed to prove discrimination in connection with Pearle’s subsequent decision not to hire her for the position in the Product Support Group. (Migis does not challenge the latter ruling.) Migis was granted declaratory relief and awarded $7,233.32 in back pay and benefits, $5,000 in compensatory damages, and $1,058.17 for prejudgment interest. The court declined to award punitive damages. And, following a separate hearing on Migis’ request for approximately $110,000 in attorney’s fees and $6,400 in costs, she was awarded approximately $81,000 and $4,300, respectively. Migis v. Pearle Vision, Inc., 944 F.Supp. 508, 517-18 (N.D.Tex.1996). II. A. According to Pearle, the evidence demonstrates that Migis’ position, along with all other Programmer/Analyst positions in the Corporate Systems Group, was eliminated as part of a reduction in force. Notwithstanding my concurrence on liability, recitation of the facts bearing on liability is necessary to explain the basis of my disagreement on the compensatory damages, attorney’s fee, and cost issues. Needless to say, the magistrate judge’s finding of a Title VII violation is reviewed under the clearly erroneous standard. Fed. R.Civ.P. 52(a); see E.E.O.C. v. Clear Lake Dodge, 60 F.3d 1146, 1151 (5th Cir.1995). And, it is more than well-established that “a finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” Id. (quoting Cupit v. McClanahan Contractors, 1 F.3d 346, 348 (5th Cir.1993), cert. denied, 510 U.S. 1113, 114 S.Ct. 1058, 127 L.Ed.2d 378 (1994)). “We are not permitted to re-weigh the evidence on appeal simply because we disagree with the choices made by the district court.” Id. (citing Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573-74, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985)). “But we will overturn the district court where there is only one permissible view of the weight of the evidence.” Id. The record supports the finding that Migis’ pregnancy was a substantial factor in eliminating her position. For example, after Mig-is went on leave of absence in April, memo-randa dated 24 May and 22 July from Graves, director of the Information Services Department, to Colin Heggie, chief financial officer, state that two positions would be eliminated from the Corporate Systems Group; and that the targeted positions were a Senior Programmer/Analyst position held by Randy Ragsdale and a Programmer/Analyst position held by Tracy Culpepper, both males. The memoranda do not mention Migis or her position. Graves testified that it was decided in late April or early May 1994 that all three positions, including Migis’, would be eliminated, and that Migis’ position was not addressed because she was on leave at the time and it was Pearle’s policy not to address position eliminations affecting on-leave employees. The magistrate judge found that Graves’ testimony might explain why Migis was not told that her job was being eliminated, but it did not explain why Heggie was not fully informed of the reductions in the Corporate Systems Group. The magistrate judge relied also on the testimony of Kelly Keahon, vice president of human resources at the time of the staff reductions. Keahon testified that she told Graves to document carefully his actions and to communicate with Heggie regarding the staff reductions; and that she informed Graves that it was not necessary to include the elimination of Migis’ position in the mem-oranda because that elimination did not have any financial consequences to Pearle during fiscal year 1994. But, when Graves was asked by the court to explain why the memo-randa contain no reference to the elimination of Migis’ position, he responded that he should have addressed it. Keahon, however, testified that, if Graves said that the reason he did not refer to Migis in the memoranda was because he made a mistake, that would be inconsistent with what she told him. The magistrate judge also relied on handwritten notations on the bottom of an organizational chart, made by Graves at one of the initial meetings when the staff reductions were discussed. The notations refer to one Senior Programmer/Analyst and one Programmer/Analyst. Graves testified that the notations indicate that there were preliminary discussions about retaining one Senior Programmer/Analyst and one Programmer/Analyst. But, the magistrate judge found that “the weight of the credible evidence” led him to conclude that the notations refer to the positions that were instead targeted for elimination, as indicated in the memoranda. The magistrate judge found further that Pearle’s explanation was also undermined by the testimony of Mark McQuay, manager of the Corporate Systems Group and Migis’ supervisor beginning in early 1994. McQuay testified that Migis was not targeted for elimination in the downsizing effort; that he recommended retaining her; but that Graves was excited that Migis had taken disability, instead of maternity, leave because Graves thought (erroneously) that there was a distinction, and that he would not have been able to eliminate her position had she taken maternity leave. Graves denied making such a statement. Pearle exhaustively attacks the findings, contending, inter alia, that the magistrate judge misinterpreted Graves’ notations on the organizational chart and mischaraeter-ized McQuay’s testimony. It asserts also that the magistrate judge ignored other evidence, including: that all organizational charts created after May 1994 consistently reflect the elimination of all Programmer/Analyst positions in the Corporate Systems Group, including the one formerly held by Migis; the handwritten notation “upon return” beside Migis’ name on the organizational chart, which, according to Pearle, corroborates Graves’ testimony that Ragsdale and Culpepper’s positions were to be eliminated as soon as possible, but that Migis’ position would be eliminated “upon return” from her leave; and McQuay’s testimony regarding his dissatisfaction with Migis’ performance. Pearle contends further that the magistrate judge erred by relying on McQuay’s testimony regarding Graves’ alleged statement about the nature of Migis’ leave, because McQuay’s testimony is so internally inconsistent and contradictory that no reasonable person would believe it. Pearle’s contentions are not without substance; it presented considerable plausible evidence that the elimination of Migis’ position was part of a massive reduction in force. But, there is also substantial, plausible evidence to support the magistrate judge’s finding that Pearle’s explanation was, instead, a pretext for discrimination. It goes without saying that credibility determinations are “peculiarly within the province of the district court” when it sits as a trier of fact. Kendall v. Block, 821 F.2d 1142, 1146 (5th Cir.1987); see also Patterson v. P.H.P. Healthcare Corp., 90 F.3d 927, 933 (5th Cir.1996) (internal quotation marks and citations omitted) (“Where the court’s finding is based on its decision to credit the testimony of one witness over that of another, that finding, if not internally inconsistent, can virtually never be clear error.”), cert. denied, — U.S.-, 117 S.Ct. 767, 136 L.Ed.2d 713 (1997). We will declare testimony incredible as a matter of law only when it “is so unbelievable on its face that it defies physical laws”. United States v. Casteneda, 951 F.2d 44, 48 (5th Cir.1992) (internal quotation marks and citation omitted). Contrary to Pearle’s assertion, McQuay’s testimony does not come close to meeting that standard. In sum, because the magistrate judge’s “account of the evidence is plausible in light of the record viewed in its entirety, [we] may not reverse it even though convinced that had [we] been sitting as the trier of fact, [we] would have weighed the evidence differently. Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Anderson, 470 U.S. at 574, 105 S.Ct. at 1511. B. Pearle challenges the damages on two grounds: back pay for the one-month period between Migis’ accepting the CompuCom offer and beginning work; and compensatory damages of $5,000. Although I agree that the back pay award is not clearly erroneous, I respectfully dissent from affirming the compensatory damages; under our precedent, Migis failed to prove that she is entitled to more than nominal damages for emotional distress. Under Title VII, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 1981a(a)(l), “a Title VII plaintiff who wins a back pay award may also seek compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.” Landgraf v. USI Film Products, 511 U.S. 244, 253, 114 S.Ct. 1483, 1491, 128 L.Ed.2d 229 (1994) (internal quotation marks and citation omitted). In awarding the compensatory damages, the district court did not make supporting findings. Pearle maintains that the award should be reversed because Migis did not present any economic, medical, or psychological evidence to support the award. In Carey v. Piphus, 435 U.S. 247, 255-56, 98 S.Ct. 1042, 1047-48, 55 L.Ed.2d 252 (1978), the Court held that compensatory damages such as for emotional harm caused by the deprivation of constitutional rights may be awarded only when the claimant submits proof of actual injury. Although Carey refers to damage awards under 42 U.S.C. § 1983, its reasoning applies to claims for emotional harm under 42 U.S.C. § 1981. Patterson, 90 F.3d at 938 & n. 11. And, the same standards apply for Title VII emotional distress claims. Id. at 940. Under Carey, a claimant must present testimony and/or other evidence to show the nature and extent of emotional harm caused by the alleged violation. Patterson, 90 F.3d at 938. Carey stated: We use the term “distress” to include mental suffering or emotional anguish. Although essentially subjective, genuine injury in this respect may be evidenced by one’s conduct and observed by others-[A]n award of damages must be supported by competent evidence concerning the injury. 435 U.S. at 264 n. 20, 98 S.Ct. at 1052 n. 20. “In order to establish intangible loss, we recognize that Carey requires a degree of specificity which may include corroborating testimony or medical or psychological evidence in support of the damage award.” Patterson, 90 F.3d at 940. “Hurt feelings, anger and frustration are part of life. Unless the cause of action manifests some specific discernable injury to the claimant’s emotional state, we cannot say that the specificity requirement of Carey has been satisfied.” Id. The 1991 amendments allowing compensatory damages under Title VII have been interpreted by the EEOC to require physical manifestations in order to recover for emotional harm: Damages are available for the intangible injuries of emotional harm such as emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life. Other nonpecuniary losses could include injury to professional standing, injury to character and reputation, injury to credit standing, loss of health, and any other nonpecuniary losses that are incurred as a result of the discriminatory conduct. Non-peeuniary losses for emotional harm are more difficult to prove than pecuniary losses. Emotional harm mil not be presumed simply because the complaining party is a victim of discrimination. The existence, nature, and severity of emotional harm must be proved. Emotional harm may manifest itself, for example, as sleeplessness, anxiety, stress, depression, marital strain, humiliation, emotional distress, loss of self esteem, excessive fatigue, or a nervous breakdown. Physical manifestations of emotional harm may consist of ulcers, gastrointestinal disorders, hair loss, or headaches.... The Commission will typically require medical evidence of emotional harm to seek damages for such harm in conciliation negotiations. Patterson, 90 F.3d at 939 (quoting EEOC Policy Guidance No. 915.002 § 11(A)(2), at 10-12) (first emphasis added; second emphasis in original). “Our standard of review for awards based on intangible harms such as mental anguish is deferential to the fact finder because the harm is subjective and evaluating it depends considerably on the demean- or of witnesses.” Id. at 937-38 (internal quotation marks and citations omitted). “We ... review the district court’s emotional damage award for abuse of discretion.” Id. at 940. The Patterson case, discussed by the majority, is instructive in evaluating Migis’ compensatory damage award. In Patterson, the district court awarded Brown $40,000 for emotional distress under § 1981 and awarded Patterson $150,000 for emotional damage, mental pain and suffering under Title VII. Id. at 939, 940. The evidence submitted by Brown in support of his claim for emotional harm under § 1981 consisted of the following: he testified that he felt “frustrated” and “real bad” for being judged by the color of his skin; explained that the work environment was “unbearable” and was “tearing my self-esteem down”; and “stated that it ‘hurt’ and made him ‘angry’ and ‘paranoid’ to know that his supervisor referred to [him] as a ‘porch monkey’ or a ‘nigger’ and generally thought that he was inferior to white employees.” Id. at 939. Our court held that this evidence was insufficient to support anything more than a nominal damage award, because Brown did not present evidence with the specificity required by Carey, did not testify as to any manifestations of harm listed by the EEOC policy statement, and presented no corroborating testimony or expert medical or psychological evidence of damages caused by his alleged distress; no evidence suggested that Brown suffered from sleeplessness, anxiety, or depression; and, immediately after his constructive discharge, he obtained other employment for a higher wage. Patterson, 90 F.3d at 939-40. As noted, Patterson sued the same employer as did Brown. Patterson’s emotional harm award was based on her testimony that her retaliatory firing emotionally scarred her, that she suffered mental anguish during her unemployment, and that she endured a great deal of familial discord arising from having to leave her children while she worked in other areas. Id. at 940. Our court stated: “Obviously, the retaliatory discharge caused a substantial disruption in Patterson’s daily routine.” Id. at 941. But, we concluded, again, that the evidence would not permit anything more than nominal damages. Id. We noted, again, that the record contained none of the listed evidentia-ry factors in the EEOC policy statement; no corroborating testimony was offered to support Patterson’s testimony; no evidence suggested that she was humiliated or subjected to any kind of hostile work environment; there was no expert medical or psychological evidence to support a claim for emotional harm; and there was no proof of actual injury. Id. Migis testified that the elimination of her position was a major inconvenience and burden because of financial obligations; that she suffered from low self-esteem as a result of being terminated and not offered a position for which she felt qualified, and because she had been out of the work arena for several months; that it was “a very discomforting feeling”; that not being allowed to work impacted family finances and that she had to buy used furniture for her child; that she suffered from “general anxiety, stress or anxiety attacks”; that it “caused some hardship on my marriage”; that it was “major stress”, and a “[l]ot of crying, sleeplessness”; and that wondering whether she could afford diapers and formula “was not fun”. The majority acknowledges that the evidence of mental anguish consists solely of Migis’ testimony, but concludes that her testimony of anxiety, sleeplessness, stress, marital hardship, and loss of self-esteem was sufficiently detailed to support $5,000 for mental anguish. Even assuming that the majority correctly interprets Patterson as not requiring medical evidence or corroborating testimony, I cannot agree that Migis’ testimony supports more than a nominal damages award. First, Patterson and the EEOC policy statement require proof of a causal relationship between the discriminatory conduct and the emotional harm. See Patterson, 90 F.3d at 938; id. at 939 (quoting EEOC policy statement). Unlike the plaintiff in Farpella-Crosby v. Horizon Health Care, 97 F.3d 803, 808-09 (5th Cir.1996), who testified that her emotional distress resulted from her superi- or’s harassment, Migis did not testify that the emotional harm she claims to have suffered resulted from illegal discrimination; indeed, one can conclude from her testimony that her emotional suffering would have been the same had her position been eliminated for non-discriminatory reasons. Unfortunately, and understandably, some form of distress is inevitable with job loss. But, for recovery of more than nominal damages for such distress, the law requires proof that it is caused by illegal discrimination, not just the job loss. Second, pursuant to Patterson, Migis’ evidence for mental distress lacks the specificity required by Carey and is insufficient to support anything more than a nominal damage award. See Carey, 435 U.S. at 266-67, 98 S.Ct. at 1053-54 (plaintiffs entitled to recover “nominal damages not to exceed one dollar” for denial of procedural due process, without proof of actual injury); Patterson, 90 F.3d at 941 (vacating Title VII emotional distress award and remanding to district court with instructions to award nominal damages; amount not specified); Archie v. Christian, 812 F.2d 250, 252 (5th Cir.1987) (modifying judgment to hold plaintiff entitled to receive one dollar in nominal damages); Davis v. West Community Hospital, 755 F.2d 455, 459 (5th Cir.1985) (remanding for entry of judgment for nominal damages of one dollar); Irby v. Sullivan, 737 F.2d 1418, 1433 n. 30 (5th Cir.1984) (even if no emotional damages are awarded, plaintiff entitled to nominal damages not to exceed one dollar if he has been victim of intentional racial discrimination). See also Price v. City of Charlotte, 93 F.3d 1241, 1246 (4th Cir.1996) (plaintiff’s failure to prove compensatory damages for constitutional violation “results in nominal .damages typically one dollar”), cert. denied, — U.S. -, 117 S.Ct. 1246, 137 L.Ed.2d 328 (1997). Although Migis’ testimony mentioned some of the factors in the EEOC policy statement (sleeplessness, anxiety, stress, marital strain, loss of self-esteem), she admitted, on cross-examination, that she had not mentioned any of those factors in her pre-trial deposition. She admitted also that she had not sought counseling or therapy. There is no evidence that she was humiliated or subjected to a hostile work environment. See Patterson, 90 F.3d at 941; see also Bellows v. Amoco Oil Co., 118 F.3d 268, 277 n. 28 (5th Cir.1997) (Bellows’ testimony that Amoco’s alleged discriminatory acts caused him to feel “less than a man” and “ruined his reputation as a man” did not, “without more”, sufficiently support an award of damages for emotional harm), cert. denied, — U.S.-, 118 S.Ct. 739, — L.Ed.2d - (1998); Annis v. County of Westchester, 136 F.3d 239 (2d Cir.1998) (plaintiffs testimony that she was humiliated by the gender discrimination she endured and sought counseling for it is insufficient to warrant an award of compensatory damages because “[s]he has not alleged any physical manifestations of her emotional distress” and “introduced no affidavit or other evidence to corroborate her testimony”); cf. Farpella-Crosby, 97 F.3d at 808-09 (affirming award of $7,500 compensatory damages based on plaintiffs testimony about hostile work environment, harassment, and abusive treatment, corroborated by co-worker’s testimony). She did not present any corroborating testimony and did not offer any expert medical or psychological evidence of damages caused by her claimed distress. See Patterson, 90 F.3d at 939. Moreover, approximately two months after she was last compensated by Pearle, she resumed work at a higher salary than she received at Pearle. See id. at 939-40. In short, the district court abused its discretion by awarding more than nominal damages to Migis for emotional distress. Therefore, I respectfully dissent from the majority’s affirming that award. C. In his fee application, Migis’ counsel requested approximately $110,000 for 385.25 hours of work performed by attorneys and legal assistants and $6,400 for costs. Migis, 944 F.Supp. at 510. Over Pearle’s objections, approximately $81,000 in fees and $4,300 in costs were awarded. Pearle challenges both; Migis, one item of disallowed costs. In line with my concurrence in reversing the attorney’s fee award and remanding for further proceedings, I agree that the magistrate judge, when adjusting the lodestar, abused his discretion by faffing to adequately consider the results obtained as compared to the relief sought. However, I disagree with the majority’s implicit conclusion that, when calculating the lodestar, the magistrate judge did not clearly err by including hours spent on unsuccessful claims and unnecessary discovery in pursuit of irrelevant evidence. Concomitantly, I dissent from allowing costs for those unsuccessful claims. Finally, and perhaps most importantly, the majority fails to give sufficient guidance for reconsideration of the lodestar adjustment on remand, particularly with respect to Migis’ refusal of the settlement offer and the relevance of the fees charged by Pearle’s counsel. We should offer guidance on both, especially the settlement offer subissue. These issues inhabit familiar ground. For many years, that terrain has been thoroughly and painstakingly analyzed, checked, swept, and probed. But, that does not ensure that new booby traps have not been set while courts were not on guard. Perhaps, because the ground is so familiar, courts have become less watchful, less demanding, than they should be. Perhaps, things have become too routine, and courts have grown lax. Perhaps, courts need to return to the basic course, and re-walk this ground. In doing so, the district court’s errors loom large and fatal. 1. For starters, it is well to remember that only a reasonable fee may be awarded. There is that word again — reasonableness. Title VII provides, in pertinent part, that “the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee ... as part of the costs”. 42 U.S.C. § 2000e-5(k) (emphasis added). Pursuant to the well-established, and equally well-known, procedure for satisfying the statutory command that the attorney’s fee be reasonable, the district court determines, and then multiplies, the number of hours reasonably expended on the litigation by the reasonable hourly rates for the participating lawyers; it may adjust this “lodestar” in the light of the 12 well-known, relevant case-related factors enunciated in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974). See Farrar v. Hobby, 506 U.S. 103, 114-15, 113 S.Ct. 566, 574-75, 121 L.Ed.2d 494 (1992); e.g., Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 323-24 (5th Cir.), cert. denied, 516 U.S. 862, 116 S.Ct. 173, 133 L.Ed.2d 113 (1995). Admittedly, and as noted, “[a] request for attorney’s fees should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983). Nor do we require the district court’s Johnson factor analysis “to be so excruciatingly explicit ... that decisions of fee awards consume more paper than did the cases from which they arose”. Louisiana Power & Light Co., 50 F.3d at 331 (internal quotation marks and citation omitted). On the other hand, when, as here, the fee request is so excessive, especially in the light of the meager results achieved, the request must be given the closest scrutiny. Hour and rate determinations are reviewed only for clear error, Louisiana Power & Light Co., 50 F.3d at 324; lodestar adjustments, for abuse of discretion. Id. at 329. As for the latter, “the district court’s lodestar analysis [is examined] only to determine if the [district] court sufficiently considered the appropriate criteria”. Id. (emphasis in original). Of course, the challenger “bears the burden of showing that [a change] is warranted.” Id. As reflected in Farrar, 506 U.S. at 115,113 S.Ct. at 575, the Johnson factors for the lodestar adjustment vel non hardly need repeating: (1) required time and labor; (2) issues’ novelty and complexity; (3) skill required to properly litigate them; (4) whether attorney had to refuse other work; (5) his customary fee; (6) whether fee fixed or contingent; (7) whether client or case circumstances imposed any time constraints; (8) amount involved and results obtained; (9) experience, reputation, and ability of attorneys; (10) whether case was “undesirable”; (11) type of attorney-client relationship and whether it was long-standing; and (12) awards made in similar cases. Louisiana Power & Light Co., 50 F.3d at 329 (citing Johnson, 488 F.2d at 717-19). In district court, Pearle objected to both the time and rate amounts, relying on (1) inadequacies in billing records; (2) Migis’ failure to prevail on her claim that Pearle’s refusal to offer her a position in the Product Support Group was discriminatory; (3) unnecessary work; (4) excessive time charged for completion of routine tasks; and (5) lack of novel or complex legal issues. Migis; 944 F.Supp. at 511-12. The district court rejected Pearle’s contention that the billing records were inadequate due both to the vagueness of the description of services rendered and to counsel’s failure to segregate the time spent on various claims. It found that Pearle had not identified any specific entries that were duplica-tive, repetitive, or inherently unreasonable, and concluded that the records were “more than adequate”. Id. at 512. The district court acknowledged that Mig-is’ claims were based on two different employment decisions, id. at 510; but, it concluded that her claims were related. Id. Accordingly, it rejected Pearle’s contention that 85.5 hours spent on unsuccessful claims should be excluded. Id. It also rejected Pearle’s contention that 156.75 hours should be excluded because they represented unnecessary or excessive time and “clerical” work. Id. at 513. And, although the district court agreed with Pearle’s assertion that the issues were neither novel nor complex, it disagreed that the number of hours invested in the case was unreasonable. Id. It found significant defense counsel’s billing Pearle over $200,000. Id. at 514. The district court refused to award the requested hourly rates of $300 for counsel and $70 for-legal assistants, reducing them to $250 for lead counsel, $200 for co-counsel, and $50 for legal assistants. Id. at 514-15. (Pearle does not challenge these rates on appeal.) The resulting lodestar was approximately $90,000. But, the district court found that “[t]he monetary damages awarded to [Migis] simply [did] not justify a fee award” in that amount, because it “would constitute the type of windfall repeatedly condemned by the Supreme Court and the Fifth Circuit.” Id. at 516 (emphasis added). Therefore, based on the results obtained, it reduced the lodestar — but, by only ten percent! Id. Pearle also sought a reduction based on the contingent nature of Migis’ fee. Her contingent-fee contract provides for a fee of 45% of the amount recovered. However, it provides also that, if fees are awarded in excess of that 45%, Migis’ fee obligation is extinguished and her attorney keeps the fee awarded. Of course, a contingent-fee arrangement does not automatically limit the fee award, Blanchard v. Bergeron, 489 U.S. 87, 92, 109 S.Ct. 939, 943-44, 103 L.Ed.2d 67 (1989). Nevertheless, “[t]he presence of a pre-exist-ing fee arrangement may aid in determining reasonableness [because] [t]he fee quoted to the client or the percentage of the recovery agreed to is helpful in demonstrating the attorney’s fee expectation when he accepted the case.” Id. at 93, 109 S.Ct. at 944 (internal quotation marks and citations omitted; emphasis added). Although the contingent nature of the fee arrangement may be considered in determining whether to reduce the lodestar, a lodestar enhancement cannot be based on that factor. City of Burlington v. Dague, 505 U.S. 557, 567, 112 S.Ct. 2638, 2643-44, 120 L.Ed.2d 449 (1992). Along that line, the district court refused to adjust downward based on the contingent nature of the fee; nor would it so adjust because of the case’s desirability (Pearle claimed that, for applying the “undesirability” Johnson factor, the ease was, in fact, desirable). Migis, 944 F.Supp. at 516-17. As a result, the court determined that Migis was entitled to fees of $80,718.75. I agree with Pearle that the district court clearly erred by awarding fees to Migis as the prevailing party on all issues and abused its discretion by not giving due weight to the most critical Johnson factor — the relationship between relief sought and obtained — as required by Farrar, 506 U.S. at 114, 113 S.Ct. at 574-75. a. Hensley states that a “district court ... should [, inter alia, ] exclude from [the] initial fee calculation [, the lodestar,] hours that were not reasonably expended”, and that the prevailing party’s counsel “should make a good-faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission.” 461 U.S. at 434, 103 S.Ct. at 1939-40 (internal quotation marks omitted). Pearle’s attack on the lodestar concerns unsuccessful claims, discovery as to irrelevant evidence, and inadequate billing records. i. Citing Hensley, the Supreme Court stated in City of Burlington, 505 U.S. at 565, 112 S.Ct. at 2643: “[T]he statutory language limiting fees to prevailing ... parties bars a preva