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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
October 07, 2003

Attorneys' Fees


Appellate attorney's fees are awardable to a prevailing party even if she loses on her cross-appeal. Cush-Crawford v. Adchem Corp., 2002 WL 31777890 (E.D.N.Y. 12/12/2002) (Spatt, J.) Plaintiff here was considered a prevailing party for purposes of attorneys' fees after a jury awarded her $100,000 in punitive damages on her sexual harassment claim, but nothing in actual damages. The district court denied defendant's motion for a judgment as a matter of law on the punitive damages award, and also denied plaintiff's motion for a new trial. After both sides appealed, the Second Circuit affirmed the district court's decisions in their entirety. A few months later, plaintiff filed an application for her appellate attorneys' fees.

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