E.D. New York cuts ERISA benefits fee award 60%, including for block billing | LegalTime AI

E.D. New York cuts ERISA benefits fee award 60%, including for block billing

local 807 Labor-Management Health Fund et al v. Showtime on the Piers LLC, No. 1:21-cv-03677. District Court, E.D. New York, Magistrate Judge James R. Cho. Decided . Read the opinion

Requested
$6,300
Recommended
$2,520
Cut
60%$3,780

ERISA benefits · Fee applicant's counsel: Friedman and Anspach

What happened

The plaintiffs' firm, Friedman and Anspach, sought $6,300 in attorney fees for work on a contempt motion, billing 10.5 hours. The magistrate judge recommended awarding fees for two associates at a reduced hourly rate the court had previously approved for associates. The judge also recommended a reduction in hours for block billing, from 10.5 to 8.4 hours. The recommended award was $2,520, a reduction of $3,780, or 60%.

What the court said

Block billing
The Court recommends a twenty-percent reduction in the number of hours billed for work in connection with the contempt motion from 10.5 to 8.4 hours (10.5 x 0.8 = 8.4).

The court also reduced the award for: hourly rate reduced.

Why it matters

The ruling shows that a fee petition can lose value on two fronts at once: the hourly rate must match what the court has approved, and block-billed entries may draw a cut in hours even when the total time is modest. Courts will trim hours without item-by-item review.

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

local 807 Labor-Management Health Fund v. Showtime on the Piers LLC, No. 1:21-cv-03677 (E.D.N.Y. Mar. 11, 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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