E.D. New York cuts commercial fee award 40%, including for block billing

What happened

Crayola Properties sought $29,924.37 in fees under a contract fee clause for 90.0 hours of work in a breach-of-license case. Judge Nicholas G. Garaufis awarded $17,954.62, a reduction of $11,969.75 or 40.0%. The court cited block billing in the time records that was not detailed enough to assess reasonableness, staffing in which senior professionals performed 61.60 hours while an associate performed 28.10 hours, and 90.0 total hours, including 41.3 hours on editing the memorandum of law, as disproportionate for such a case.

What the court said

the time records submitted by counsel contain many instances of block billing, or aggregating multiple tasks into one billing entry, that are not detailed enough to determine whether billing was reasonable.

The court also reduced the award for: duplicative staffing, excessive hours.

Why it matters

The ruling shows that a single percentage cut can rest on several grounds at once, so block billing need not be the sole basis for a reduction. It also shows courts will examine who performed the work and how much time went to tasks like editing when assessing whether a fee request is reasonable.

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.