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Recent Attorneys' Fee Awards

BY Donald L. Sapir
November 30, 2003

The chart below summarizes hourly rates used by federal courts throughout New York State in recent attorneys' fees awards made in various types of employment cases. In addition to the name of the case, citation, judge making the award and federal district, the chart shows the name of the firm or other entity receiving the award and the hourly rates awarded to the lead counsel (LC), a partner or principal in the firm (P), associates (A), and paralegals (PL). Hourly rates for travel time are excluded, but ordinarily are awarded at a rate equal to one half the attorneys' awarded hourly rate. See, e.g., Luciano v. Olsten Corp., 109 F.3d 111 (2d Cir. 1997). Rates reflect the market where the court is located rather than the market where the attorneys' office is located. See, e..g, O'Grady v. Mohawk Finishing Products, 1999 U.S. Dist. LEXIS 6076 (N.D.N.Y. 1999) (Chappaqua (S.D.N.Y.) attorney awarded Albany (N.D.N.Y.) market rates). Cases litigated in S.D.N.Y. are generally awarded the highest rates, followed by E.D.N.Y. and, finally, N.D.N.Y. and W.D.N.Y.

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Donald Sapir

The chart below summarizes hourly rates used by federal courts throughout New York State in recent attorneys' fees awards made in various types of employment cases. In addition to the name of the case, citation, judge making the award and federal district, the chart shows the name of the firm or other entity receiving the award and the hourly rates awarded to the lead counsel (LC), a partner or principal in the firm (P), associates (A), and paralegals (PL). Hourly rates for travel time are excluded, but ordinarily are awarded at a rate equal to one half the attorneys' awarded hourly rate. See, e.g., Luciano v. Olsten Corp. , 109 F.3d 111 (2d Cir. 1997). Rates reflect the market where the court is located rather than the market where the attorneys' office is located. See, e..g, O'Grady v. Mohawk Finishing Products, 1999 U.S. Dist. LEXIS 6076 (N.D.N.Y. 1999) (Chappaqua (S.D.N.Y.) attorney awarded Albany (N.D.N.Y.) market rates). Cases litigated in S.D.N.Y. are generally awarded the highest rates, followed by E.D.N.Y. and, finally, N.D.N.Y. and W.D.N.Y.

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