E.D. New York cuts fee award 2.1%, including for clerical work | LegalTime AI

E.D. New York cuts fee award 2.1%, including for clerical work

Emerson Electric Co. v. Holmes et al, No. 2:16-cv-01390. District Court, E.D. New York, Judge Pamela K. Chen. Decided . Read the opinion

Requested
$425,992.50
Awarded
$416,926.80
Cut
2.1%$9,065.70

Fee applicant's counsel: Simon Lesser PC

What happened

Simon Lesser PC, counsel for the fee applicant, requested $425,992.50 in fees for 1,277.5 hours. The court awarded $416,926.80, a reduction of $9,065.70 or 2.1%. It applied a 2% cut for duplicative staffing and a 2% cut for clerical work billed as legal work, and deducted 10.5 hours of work by Eric Snyder, Jonah Zweig, and Susan Ghim because the record did not explain their identity, experience, or relation to the case.

What the court said

Clerical work billed as legal work · 2% reduction
Accordingly, the Court applies a 2% reduction 5 to the fees requested by Lesser.

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

Why it matters

The ruling shows that courts will reduce fee awards when time records do not distinguish clerical tasks from legal work or explain who performed the work. Even a small percentage cut for clerical billing can affect the total, and unexplained timekeepers may be excluded entirely.

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

Emerson Electric Co. v. Holmes, No. 2:16-cv-01390 (E.D.N.Y. May 23, 2024)

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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