E.D. New York cuts fee award 11.1%, including for clerical work | LegalTime AI

E.D. New York cuts fee award 11.1%, including for clerical work

Roytlender v. D. Malek Realty, LLC et. al., No. 2:21-cv-00052. District Court, E.D. New York, Judge James M. Wicks. Decided . Read the opinion

Requested
$17,898.50
Awarded
$15,910
Cut
11.1%$1,988.50

Fee applicant's counsel: Meltzer Lippe Goldstein & Breitstone LLP

What happened

Meltzer Lippe Goldstein & Breitstone LLP sought $17,898.50 for 59 hours in the Roytlender case. The court awarded $15,910 for 53.3 hours, an $1,988.50 reduction. It lowered hourly rates for Mark Radi, Daniel Carrascal, and Yvonne Blaise, eliminated 2.3 hours for two individuals, assigned 2.3 administrative entries a reduced hourly rate, deducted entries with redacted rates, and counted duplicative review tasks once at the highest billed rate.

What the court said

Clerical work billed as legal work
These administrative entries will be assigned an hourly rate of $100.

The court also reduced the award for: hourly rate reduced, other, other, duplicative staffing.

Why it matters

The ruling shows courts will adjust rates and hours line by line, reclassify administrative tasks billed as legal work, and remove entries that cannot be verified because rates are redacted. It also shows courts may address duplicative billing by counting repeated tasks once rather than applying an across-the-board cut.

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

Roytlender v. D. Malek Realty, LLC et. al., No. 2:21-cv-00052 (E.D.N.Y. June 10, 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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