E.D. New York cuts commercial fee award 50% over missing contemporaneous records

What happened

In Deutsche Bank National Trust Company v. Tacoaman et al, counsel sought $6,800 in fees under a contract fee clause. Judge Margo K. Brodie awarded $3,400, reducing the request by 50%, or $3,400. The court found the reduction appropriate because counsel did not have contemporaneous time records supporting the request. The figures do not include costs.

What the court said

this Court finds it appropriate to reduce counsel’s request by half to $3,400.00

Why it matters

The ruling shows that a fee applicant's time records are central to the request: where contemporaneous records are missing, a court may cut the award by half even on a modest contract fee claim.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

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

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