E.D. New York cuts consumer protection fee award 20%, including for vague entries
Kurtz v. Kimberly-Clark Corporation et al, No. 1:14-cv-01142. District Court, E.D. New York, Judge Pamela K. Chen. Decided . Read the opinion
- Requested
- $3,961,668.77
- Awarded
- $3,169,335.02
- Cut
- 20%$792,333.75
Consumer protection · Fee applicant's counsel: Robbins Geller Rudman & Dowd LLP
What happened
Robbins Geller Rudman & Dowd LLP, as class counsel, requested $3,961,668.77 in fees for 5,662.88 hours. The court awarded $3,169,335.02, a reduction of $792,333.75 or 20%. The court found the claimed hourly rates unjustifiably inflated and cited partner-heavy billing, vague time entries lacking specificity, block billing, and billing for a summer associate. It imposed a 20% across-the-board reduction.
What the court said
Class Counsel’s billing records contain vague entries that “lack sufficient specificity to enable a court to assess what tasks were completed.”
Class Counsel often engaged in block billing by combining several tasks into a single entry.
The court also reduced the award for: hourly rate reduced, excessive hours, other.
Why it matters
The ruling shows that vague entries and block billing can support an across-the-board percentage cut even when the court does not parse each entry. It also shows courts will reduce fees for inflated rates and staffing choices, so time records and rate justifications both affect the final award.
How to keep this out of your fee petition
- Name the task, the document or person involved, and the purpose.
- Avoid stock phrases that could describe any day in any matter.
- Keep privileged detail general, but specific enough to show the work.
Cite this ruling
Kurtz v. Kimberly-Clark Corporation, No. 1:14-cv-01142 (E.D.N.Y. Jan. 17, 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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