Lunday v. City of Albany Book Reviews
Lunday v. City of Albany by Second Circuit U.S. Court Of Appeals Book Summary
Per Curiam : The City of Albany appeals from an order entered by Magistrate Judge Ralph W. Smith, Jr., in the Northern District of New York, awarding plaintiff-appellee James F. Lunday attorney's fees under 42 U.S.C. § 1988. The City claims that the lower court erred by failing to sustain the City's objections to certain items in the bills submitted by Lunday's counsel, and by refusing to reduce the lodestar amount of fees by some percentage to reflect that Lunday achieved only partial success at trial. We agree with the Magistrate Judge that Lunday's partial success at trial does not require a reduction in the lodestar amount of fees; but we remand for reconsideration of the City's specific fee objections because the memorandum decision and order expresses reluctance ""to second guess experienced counsel"" and to ""demean counsel's stature"" by a more detailed review--a deference that is not compatible with the court's fee-setting obligation.
Book Name | Lunday v. City of Albany |
Genre | Law |
Author | Second Circuit U.S. Court Of Appeals |
Published | 08 December 1994, Thursday |
Language | English |
E-Book Size | 54.22 KB |
Lunday v. City of Albany (Second Circuit U.S. Court Of Appeals) Book Reviews 2024
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Summary of Lunday v. City of Albany by Second Circuit U.S. Court Of Appeals
The Lunday v. City of Albany book written by Second Circuit U.S. Court Of Appeals was published on 08 December 1994, Thursday in the Law category. A total of 40 readers of the book gave the book 0 points out of 5.
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