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Attorney Fees

In Schiferle v. Capital Fence Co., Inc., 2017 NY Slip Op 07059 (App. Div. 4th Dept. Oct. 6, 2017), the court held that “a wage claimant may, in certain circumstances, validly waive their statutory right to attorney’s fees under [Labor Law §] 198.” The court held that those circumstances were present here. From the decision: Plaintiff … […]

In Kimmel v. State, No. 36, 2017 WL 1838940 (N.Y. May 9, 2017), the New York Court of Appeals (the state’s highest court) held that the state Equal Access to Justice Act (EAJA), codified at CPLR Article 86, “permits the award of attorneys’ fees and costs to a prevailing plaintiff in an action against the State […]

In La Porta v. Alacra, Inc., 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant Alacra’s New York City […]

In Hernandez v. Kaisman, 2016 WL 1737263 (N.Y. App. 1st Dept. May 3, 2016), the court affirmed the lower court’s award of attorney fees in the amount of $264,612.50. The New York City Human Rights Law provides for an award of a reasonable attorney fee to the prevailing party. In upholding the fee award in […]

In Glenn v. Fuji Grill Niagara Falls, LLC, No. 14-CV-380S, 2016 WL 1557751 (W.D.N.Y. Apr. 18, 2016), the court discussed whether and to what extent a party who has accepted an “Offer of Judgment” in a Title VII discrimination suit may thereafter seek costs, including attorney fees. The answer, unsurprisingly, turns on the terms of […]

On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment. During a public […]

In Tate v. Levy Rest. Holdings, LLC, No. 14-CV-2056, 2015 WL 9076230 (E.D.N.Y. Dec. 16, 2015), the court stated and applied the standard for awarding attorney fees to a prevailing defendant in an employment discrimination case. You can read about the Eastern District’s dismissal of claims brought by the plaintiff – a gay male waiter who […]

In Najnin v. Dollar Mountain, Inc., No. 14CV5758, 2015 WL 6125436 (S.D.N.Y. Sept. 25, 2015), the court provides some insight into how damages are determined when a defendant defaults in an unpaid wages/employment discrimination (sexual harassment) case. The court held, among other things, that plaintiff was not entitled to any back pay damages, and to […]

On October 21, 2015, Governor Cuomo signed into law several bills, collectively known as the “Women’s Equality Act” (Assembly Bill No. A08070), that will accord greater protections to women in the workplace. These new laws will take effect 90 days after signing, in January 2016. According to the Governor’s website, this legislation “will help to ensure that […]

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 […]