W.D. New York cuts civil rights fee award 35.1%, including for vague entries

What happened

The plaintiff's counsel at Emery Celli Brinckerhoff Abady Ward & Maazel LLP sought $784,795 in fees under 42 U.S.C. § 1988 for 1,323.2 hours. Judge Frank P. Geraci, Jr. awarded $509,058.63, a reduction of $275,736.37 or 35.1%. The court lowered the hourly rate for lead counsel, finding the requested rates excessive, then applied two 15% across-the-board reductions to the hours: one for excessive hours and one because many time entries were vague and impeded review of whether the time was reasonable.

What the court said

the Court concurs with Defendants that many entries are vague, see, e.g., ECF No. 162 at 1, 11, 12, 18, 22, 24, 34, which impedes the Court’s “ability to decipher whether the time expended has been reasonable.”

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

Why it matters

The ruling shows that a fee petition can lose value twice over: courts may cut the hourly rate to match comparable awards, then reduce hours across the board when entries lack detail. Vague time records can support a percentage cut even alongside other reductions, so the specificity of each entry matters to 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

See hourly rates the W.D. New York approves and attorney fee motions in New York federal courts.

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