E.D. New York cuts commercial fee award 50% over missing contemporaneous records

What happened

In PHH Mortgage Corporation v. Allwood, the plaintiff sought $6,800 in fees under a contract fee clause. The court awarded $3,400, a reduction of $3,400 or 50%. The court noted that counsel provided no information identifying the law firm personnel who performed the services, their billing rates, or the dates the services were rendered. The figures do not include costs.

What the court said

Plaintiff's counsel fails to provide any information specifying the law firm personnel who performed the legal services, their billing rates, or the date the legal services were rendered

Why it matters

The ruling shows that a fee applicant must supply contemporaneous records identifying who did the work, at what rate, and when. Without that detail, a court may reduce the award substantially even on a modest request.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

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.