E.D. New York cuts commercial fee award 10%, including for block billing

What happened

The plaintiff in Abularach v. High Wing Aviation LLC requested $24,480 in attorney fees for 54.4 hours. Judge Margo K. Brodie awarded $22,032, a reduction of $2,448, after cutting the hours by 10%. The court cited block billing, two administrative tasks that courts in the circuit have found noncompensable, and a finding that the 54.4 hours invoiced were excessive. The court also noted the request was relatively high and that the defendant's willful default delayed the litigation by over two years.

What the court said

Plaintiff's fee request is relatively high, incorporates block billing, includes noncompensable administrative tasks, and is the result of Defendant's willful default that delayed this litigation by over two years — the Court reduces Plaintiff's hours by 10%.

Plaintiff's request includes two administrative tasks that are similar to work that courts in this Circuit have found to be noncompensable

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows that a single percentage cut can rest on several grounds at once, so block billing and clerical entries may not be separately quantified. It also shows courts will trim hours they consider excessive even where the applicant prevails, and that delay caused by the opposing party does not by itself justify a higher request.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

See hourly rates the E.D. New York approves and attorney fee motions in New York federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.