NYLJ Eastern District Roundup
Judicial Discretion in Awarding Counsel Fees in Divorce Cases
Posted: October 15, 2025 / Written by: Samuel L. Butt, John Moore / Category NYLJ Eastern District Roundup
Judicial Discretion in Awarding Counsel Fees in Divorce Cases
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. In Schenker of Canada Ltd. v. Am Trans Expedite LLC, 24 CV 6440 (EDNY, Sept. 4, 2025), Judge Cogan held that plaintiff’s claims are not implausible, so as to support a motion to dismiss, merely because it is possible to draw other plausible conclusions from the complaint’s allegations that would not support liability.