A federal judge in Brooklyn has launched another volley in the ongoing dispute between the judges of the Eastern District of New York and the 2nd U.S. Circuit Court of Appeals regarding the standards for calculating awards of attorney fees.

Faced with a remand of an award ordering him to “apply a presumption in favor of” the prevailing fee rate for attorneys in the Eastern District, Judge Frederic Block has affirmed in Luca v. County of Nassau (pdf), 04-CV-4898 (FB), his earlier award of $400 per hour for Hempstead litigator Frederick K. Brewington.

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