E.D. New York cuts civil rights fee award 76.6%, including for vague entries

What happened

The plaintiff sought $800,000 in attorney fees under 42 U.S.C. § 1988. Judge Gary R. Brown awarded $186,870, a reduction of $613,130 or 76.6%. The court reduced the hourly rates for Mr. Morris and Mr. Yannacone, excluded time on unrelated FOIL litigation, found vague and incomprehensible entries, duplicative staffing and excessive hours, and noted limited success. It reduced the hours sought by 70% as a reasonable approximation of overbilling and denied $13,225.50 for clerical work billed as legal work.

What the court said

Vague and incomprehensible entries also dominate.

the request for $13,225.50 for such work is denied.

The court also reduced the award for: hourly rate reduced, hourly rate reduced, unrelated claims, duplicative staffing, excessive hours, limited success, excessive hours.

Why it matters

The ruling shows that a fee petition can be cut sharply when time records contain vague entries, duplicative staffing and clerical work billed at legal rates. Courts may apply a percentage reduction as a reasonable approximation rather than parse every entry, and they will separate unrelated claims and noncompensable clerical tasks from the fee calculation.

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

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.