E.D. New York cuts commercial fee award 19.8%, including for vague entries

What happened

Lipsius-BenHaim Law, LLP sought $139,047.42 in fees for 313 hours. The court awarded $111,463.36, a reduction of $27,584.06, and 277.1675 hours. It applied three across-the-board 10% cuts to total hours: one for vague entries, one for duplicative staffing because Steinberg joined BenHaim only for depositions and the proceeding, and one for excessive hours. It further reduced hours by 0.3 for vague billing about Ira Lipsius, and reduced one junior associate's hourly rate for limited experience.

What the court said

Given the foregoing, the Court applies an across-the-board reduction of 10% in defense counsel's hours.

Given the vague nature of the bill and no information as to who Ira Lipsius is or what work was performed, the Court further reduces the hours by 0.3.

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

Why it matters

The ruling shows that vague time entries can draw an across-the-board percentage cut rather than an entry-by-entry trim, and that courts will also reduce hours for duplicative staffing and excessive time. It also shows that a rate can be lowered for limited experience, so the final award reflects both hours and rates.

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 E.D. New York approves and attorney fee motions in New York federal courts.

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