E.D. New York cuts employment fee award 65.1%, including for block billing | LegalTime AI

E.D. New York cuts employment fee award 65.1%, including for block billing

Dilfanian v. The New York City Department of Education et al, No. 1:12-cv-06012. District Court, E.D. New York, Judge Eric N. Vitaliano. Decided . Read the opinion

Requested
$368,025
Awarded
$128,370.54
Cut
65.1%$239,654.46

Employment

What happened

Counsel sought $368,025 in fees for 706 hours in an employment case against the New York City Department of Education. The magistrate judge recommended awarding $128,370.54, including a reduction of the hourly rate and a 70% cut to total hours for block billing, vague entries, clerical work billed as legal work, and excessive hours. The judge also recommended a 10% cut to travel time. The court awarded 252.2 hours.

What the court said

Block billing · 70% reduction
Because of the extremity and breadth of improper billing practices here, I respectfully recommend that Counsel's hours be reduced by 70%.
Vague entries · 70% reduction
Because of the extremity and breadth of improper billing practices here, I respectfully recommend that Counsel's hours be reduced by 70%.
Clerical work billed as legal work · 70% reduction
Because of the extremity and breadth of improper billing practices here, I respectfully recommend that Counsel's hours be reduced by 70%.

The court also reduced the award for: hourly rate reduced, excessive hours, travel time.

Why it matters

The ruling shows that a single global percentage cut can follow findings of block billing, vague entries, and clerical work, and that courts may reduce hours broadly rather than parse each entry when billing problems are widespread.

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

Dilfanian v. The New York City Department of Education, No. 1:12-cv-06012 (E.D.N.Y. Feb. 28, 2025)

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.

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