E.D. New York cuts disability access fee award 51.4%, including for clerical work

What happened

The fee applicant in Rouse v. Broadway & Cooper LLC et al requested $6,562.50 in attorney fees under the Americans with Disabilities Act. Judge Ramón E. Reyes, Jr. awarded $3,187.50, a reduction of $3,375.00 or 51.4%. The court found the requested hourly rate exceeded the range this district typically awards experienced attorneys in similar cases, and that the rate for administrative work was excessive against the customary rate for administrative hours. The court reduced total hours by 20% for excessive hours and also because some attorney tasks were clerical work normally done by an administrative assistant or paralegal.

What the court said

some of the attorney's tasks were clerical ones normally performed by an administrative assistant or paralegal

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

Why it matters

The ruling shows that courts will adjust both rates and hours on a fee petition, and that time spent on filing, printing, and similar clerical tasks may be treated as administrative rather than legal work and compensated at a lower rate.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

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.