E.D. New York cuts civil rights fee award 46.6%, including for block billing

What happened

Pillsbury Winthrop Shaw Pittman LLP sought $191,264 in fees under 42 U.S.C. § 1988. The court reduced the hourly rate, finding the negotiated blended rate nearly twice the partner rate approved in the District. It then applied a 20% across-the-board reduction for clerical tasks billed as legal work and block billing. The court awarded $102,100.80, a reduction of $89,163.20, or 46.6%.

What the court said

the undersigned has carefully reviewed the time sheets submitted, considered the deficiencies noted above and concludes an across-the-board reduction is indeed appropriate for the clerical tasks and block billing.

the undersigned has carefully reviewed the time sheets submitted, considered the deficiencies noted above and concludes an across-the-board reduction is indeed appropriate for the clerical tasks and block billing.

The court also reduced the award for: hourly rate reduced.

Why it matters

The ruling shows that a fee applicant's time records are reviewed for tasks billed as legal work that are clerical and for entries that combine multiple tasks. Courts may apply an across-the-board percentage cut to address such recordkeeping problems, separate from any reduction to the hourly rate.

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.