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Posts Categorized: Attorney Fees

Posted: December 25, 2016

Court Awards Fees-on-Fees, But Drastically Cuts Referee’s Award

On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Sina Drug Corp. v. Mohyuddin, 2016 NY Slip Op. 32392(U), awarding attorneys’ fees authorized by agreement, including fees-on-fees, but drastically cutting the amount of the award recommended by a referee. In Sina Drug Corp., the court referred to… Read more »

Posted: June 23, 2016

RMBS Trustee Plaintiff Entitled to Reimbursment of Attorneys’ Fees From Defendant

On June 16, 2016, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mortgage Capital, Inc., 2016 NY Slip Op. 04795, holding than an RMBS trustee was entitled to be reimbursed by the defendant for the trustee’s attorneys’ fees in bringing an RMBS put-back action against the defendant. In U.S. Bank, the… Read more »

Posted: June 18, 2016

What Opponent Paid its Counsel is Relevant In Dispute of Reasonableness of Attorneys’ Fees

On June 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Macy’s Inc. v. J.C. Penney Corp., Inc., 2016 NY Slip Op. 31045(U), confirming a JHO’s decision ordering a party contesting an attorneys’ fee award to produce its own legal bills, explaining: JHO Gammerman properly determined that [the defendant’s]… Read more »

Posted: March 25, 2016

Court Awards Attorneys’ Fees Based on Unaccepted CPLR 3220 Offer to Liquidate Damages

On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v. Cahan, 2016 NY Slip Op. 50295(U), awarding attorneys’ fees based on an unaccepted CPLR 3220 offer to liquidate damages. In Saul, the defendant’s counsel served an offer to liquidated damages on the plaintiff’s counsel. Plaintiff did not… Read more »

Posted: December 14, 2015

Court Awards $5 Million In Attorneys’ Fees And Costs In Civil Rights Saga

“The Court assumes familiarity with the facts and procedural history of the case” Judge Joanna Seybert writes in the opening sentence of Restivo v. Nassau County, 06-CV-6720 (E.D.N.Y. Nov. 30, 2015), but it is difficult to appreciate fully the outcome – the award of $5 million in attorneys’ fees and costs to the well-known plaintiffs’… Read more »

Posted: November 30, 2015

Court Elects Lodestar Over Percentage Method In Awarding Attorneys’ Fees In FLSA Case, While Reducing Lodestar Fee To Account For Overstated Hours And Other Timekeeping Excesses

In Marshall v. Deutsche Post DHL, No. 13-CV-1471 (E.D.N.Y. Sept. 21, 2015), Judge Dearie reduced a claim for $500,000 in attorneys’ fees under the Fair Labor Standards Act, 29 U.S.C. § 216(b), to $370,236.50. The parties settled the case for $1.5 million while plaintiffs’ motion for certification as a collective action was pending. Plaintiffs’ claim… Read more »

Posted: September 16, 2015

Defendant Not “Prevailing Party” under Fee-Shifting Agreement for Claim Dismissed for Lack of Proper Service

On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in American Guard Services, Inc. v. Griffin Security Services, Inc., 2015 NY Slip Op. 31709(U), granting in part and denying in part a request for attorneys’ fees pursuant to a fee shifting agreement in the parties’ stock purchase agreement…. Read more »

Posted: July 15, 2015

Prevailing Party Not Entitled to Fees Under Contract Because Provision Awarding Costs Not Unmistakably Clear

On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Threadstone Advisors, LLC v. Success Apparel Inc., 2015 NY Slip Op. 31003(U), denying a prevailing party’s request for an award of fees. In Threadstone Advisors, the plaintiff, which prevailed on summary judgment, sought an award of attorneys’ fees… Read more »