E.D. New York cuts employment fee award 25%, including for clerical work

What happened

Granovsky & Sundaresh PLLC, counsel for the plaintiff in an employment case, sought $47,347 in sanctions fees for 83.8 hours. Judge Steven Tiscione awarded $35,510.25, a reduction of $11,836.75 or 25%. The court applied a 25% cut to the total fee for excessive hours and mixed results. It also found that some work was more aptly suited for a paralegal, assistant, or secretary. The figures do not include costs.

What the court said

some of the work performed by Plaintiff’s Counsel was more aptly suited for a paralegal, assistant, or secretary

The court also reduced the award for: limited success, excessive hours.

Why it matters

The ruling shows that a single percentage cut can rest on several grounds at once, and that courts will separate clerical tasks from legal work when reviewing time entries. It also shows that limited success and excessive hours can justify an across the board reduction rather than an hour by hour analysis.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

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.