N.D. New York cuts commercial fee award 6.8%, including for missing records
U.S. Bank National Association v. Chenango Place, LLC et al, No. 3:23-cv-00928. District Court, N.D. New York, Judge Mae A. D'Agostino. Decided . Read the opinion
- Requested
- $88,493.30
- Awarded
- $82,479.60
- Cut
- 6.8%$6,013.70
Commercial · Contract fee clause · Fee applicant's counsel: Ballard Spahr LLP
What happened
Ballard Spahr LLP sought $88,493.30 in attorneys fees under a contract fee clause. The court awarded $82,479.60, a reduction of $6,013.70 or 6.8%. It reduced the hourly rates, finding the higher end of the ranges unreasonable without a twenty-percent discount. It also declined a separate $25,000 request because no contemporaneous time records accompanied it, leaving the court unable to assess reasonableness.
What the court said
The request for this additional $25,000.00 in attorneys fees is not accompanied by contemporaneous time records and the Court is therefore unable to determine whether the request is reasonable.
The court also reduced the award for: hourly rate reduced.
Why it matters
The ruling shows that a fee applicant must support each request with contemporaneous time records; without them, the court may deny the requested amount outright rather than estimate. It also confirms that courts will adjust hourly rates they consider unreasonable even under a contract fee clause.
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
U.S. Bank National Association v. Chenango Place, LLC, No. 3:23-cv-00928 (N.D.N.Y. Jan. 10, 2025) See hourly rates the N.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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