The 2nd Circuit has tried again to clear up confusion about awarding of fees in civil rights cases created by a 2007 decision. About a year ago, the court alarmed civil rights attorneys by suggesting that a factor in setting fee awards could be an attorney's willingness to work pro bono or take a lower rate to "promote the lawyer's own reputational or societal goals." The circuit has now added a footnote that one expert calls "a giant step toward normalizing the 2nd Circuit's attorneys fees jurisprudence."
2nd Circuit Clarifies Civil Rights Fee Award Scheme
New York Law Journal
April 14, 2008
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