A 2nd Circuit panel has cut a Manhattan-based attorney's fee by 21 percent, saying Southern District of New York rates did not apply to a case heard in the Eastern District. The opinion creates a presumption in favor of using customary rates in the district where a case is litigated, unless it can be shown that using a lawyer from within the district would create a "substantially inferior result." A litigant "should not be required to pay for a limousine when a sedan could have done the job," wrote Judge John M. Walker Jr.
August 04, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Manhattan lawyers who cross the East River to litigate civil rights cases in Brooklyn may have to accept lower fees under a federal appellate decision Monday.
A panel of the 2nd U.S. Circuit Court of Appeals in Simmons v. New York City Transit Authority, 08-4079, lowered a Manhattan-based attorney’s fee by 21 percent, saying that Southern District rates did not apply to the case heard in the Eastern District.
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