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Posts Categorized: Attorney Fees

Posted: March 4, 2015

Court awards post-judgment interest in fee dispute

In Shukla v. Sharma, 07 CV 2972 (E.D.N.Y. Dec. 24, 2014), Chief Judge Carol Bagley Amon addressed some thorny issues related to when, and at what rate, post-judgment interest accrues in a case with an intervening appeal to the Second Circuit. In Shukla, the underlying action involved allegations that the plaintiff was “trafficked” to the... Read more »

Posted: March 4, 2015

Fee Provision in Note Unenforceable Penalty

On February 19, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Maina v. Rapid Funding NYC, LLC, 2015 NY Slip Op. 30244(U), denying a motion for fees because it sought to impose a penalty. In Maina, the defendant was granted summary judgment on a note. However, the court denied... Read more »

Posted: February 9, 2015

Court not Bound by Parties’ Agreed-to Formula for the Calculation of Attorneys’ Fees

On February 4, 2015, the Second Department issued a decision in Prince v. Schacher, 2015 NY Slip Op. 00862, holding that a court has the power to reject the parties’ agreed-to formula for calculating attorneys’ fees awardable under a promissory note. In Prince , the Second Department reversed the trial court, holding that the plaintiff... Read more »

Posted: August 6, 2014

Second Circuit Affirms EDNY Award Of Attorneys’ Fees Against Civil Rights Plaintiff

On July 21, 2014, the Second Circuit issued a decision in Carter v. Incorporated Village of Ocean Beach, 13-815-CV, affirming an award by the EDNY of attorneys’ fees to defendants in a civil rights action. In Carter, the “[p]laintiffs, five former seasonal and part-time police officers . . . pursued a variety of wrongful termination... Read more »

Posted: June 14, 2014

Rule 68 Entitles Civil Rights Action Defendants to Costs Even Though Plaintiff Prevailed on Claim

On June 3, 2014, the Second Circuit issued a decision in Stanczyk v. City of New York, Docket No. 13-1582-CV, holding that Rule 68 requires a prevailing civil rights plaintiff to pay a defendant’s post-offer costs if the plaintiff’s judgment is less favorable than the unaccepted Rule 68 offer. In Stanczyk, the City of New York,... Read more »

Posted: March 19, 2014

District Court May Not Refuse To Award Prevailing ERISA Plaintiff Attorney’s Fee Without Performing Full Analysis Of Relevant Factors

On March 11, 2014, the Second Circuit issued a decision in Donachie v. Liberty Mutual Ins. Co. et al., Nos. 12-2996-CV (Lead), 12-3031 (XAP), clarifying “the scope of a district court’s discretion in deciding whether to award attorneys’ fees to a prevailing” ERISA plaintiff. In Donachie, the EDNY granted the plaintiff summary judgment “on his... Read more »

Posted: March 17, 2014

Second Circuit Remands And Reassigns ADA Case After Judge Conducts His Own Investigation And Determines Plaintiff’s Counsel Not Deserving Of Attorneys’ Fees

In a March 11, 2014, summary order, the Second Circuit (Katzmann, C.C.J., Sack, C.J., and Rakoff, D.J.) vacated an order denying the plaintiff’s motion for attorneys’ fees under the Americans With Disabilities Act (the “ADA”). The court also remanded and reassigned the case because Eastern District Judge Sterling Johnson, Jr. had conducted his own investigation... Read more »

Posted: January 17, 2014

Reasonable Attorneys’ Fees Awarded Under Fee Shifting Statute May Be At Southern District Market Rates But Must Account For Fees Already Recovered From Other Defendants

In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., 05 CV 0453 (E.D.N.Y. Dec. 30, 2013), Judge Brian Cogan granted in part plaintiffs’ request for attorneys’ fees under the Clayton Act, to the extent of awarding $4,093,163.35 in fees, and no costs, out of the $13,724,641.75 in fees and $1,363,307.68 in costs requested. ... Read more »

Posted: December 16, 2013

Deadline For Making Claim For Attorneys’ Fees In FRCP 54 Does Not Apply To Claims For Appellate Fees

In Long Island Head Start Child Development Services, Inc., v. Economic Opportunity Commission, 00 CV 7394 (E.D.N.Y. Dec. 5, 2013), Judge Arthur Spatt held that a claim for appellate attorneys’ fees under ERISA’s fee shifting provisions is not governed by the 14-day deadline set forth in Federal Rule of Civil Procedure 54(d)(2)(B).  Under that Rule,... Read more »