(Download) "Lunday v. City of Albany" by Second Circuit U.S. Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Lunday v. City of Albany
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 08, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Per Curiam : The City of Albany appeals from an order entered by Magistrate Judge Ralph W. Smith, Jr., in the Northern District of New York, awarding plaintiff-appellee James F. Lunday attorney's fees under 42 U.S.C. § 1988. The City claims that the lower court erred by failing to sustain the City's objections to certain items in the bills submitted by Lunday's counsel, and by refusing to reduce the lodestar amount of fees by some percentage to reflect that Lunday achieved only partial success at trial. We agree with the Magistrate Judge that Lunday's partial success at trial does not require a reduction in the lodestar amount of fees; but we remand for reconsideration of the City's specific fee objections because the memorandum decision and order expresses reluctance ""to second guess experienced counsel"" and to ""demean counsel's stature"" by a more detailed review--a deference that is not compatible with the court's fee-setting obligation.
 "Lunday v. City of Albany" by Second Circuit U.S. Court Of Appeals ~ Book PDF Kindle ePub Free){kind=link}