Attorney Fees

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Various statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…

Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee Award
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Recently, the Second Circuit held, in Costello v. Flatman, that the district court erred by declining to award a prevailing plaintiff attorney fees under the Americans with Disabilities Act. In this lawsuit (as explained in the district court’s March 28, 2013 opinion), wheelchair-bound plaintiff Mike Costello alleged that while visiting a Brooklyn Subway restaurant, he…

Read More Second Circuit Remands for Reconsideration of Attorney Fee Request in ADA Public Accommodation Case
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In Roberta Campbell v. Mark Hotel Sponsor, 09-cv-9644 – a breach of contract case – Judge Pauley slashed the legal fees and costs sought by attorney-for-the-winner Kramer Levin Naftalis & Frankel LLP from more than $3 million to a “mere” $475,000.  The relatively short opinion reinforces the need for counsel to exercise “billing judgment” and…

Read More SDNY Judge Awards Fraction of Fees Sought by Kramer Levin
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This week Judge Crotty awarded plaintiffs $3,415,450.00 in attorneys’ fees and $442,609.85 in costs in a lawsuit brought by employees of Gristede’s for violations of the federal Fair Labor Standards Act and the New York Labor Law.  The court held that “[i]n light of the purposes underlying fee-shifting statutes, fees sought pursuant to the FLSA…

Read More SDNY Wage/Hour $3+ Million Attorney Fee Award
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