2nd Circuit Clarifies Civil Rights Fee Award Scheme



The New York Law Journal reports:

The 2nd U.S. Circuit Court of Appeals has made a second attempt to clear up confusion about the awarding of fees in civil rights cases created by a 2007 decision.

Almost a year ago, the court alarmed civil rights attorneys by suggesting that one factor in setting fee awards could be the attorney’s willingness to work pro bono or take a lower rate to “promote the lawyer’s own reputational or societal goals.”

A panel of Judges Dennis Jacobs, John M. Walker Jr. and retired U.S. Supreme Court Justice Sandra Day O’Connor, sitting by designation, on Thursday issued their second amended opinion in Arbor Hill Concerned Citizens Neighborhood Assoc. v. County of Albany, 06-0086-cv [2nd Cir., April 10, 2008] . . .

The article goes on to discuss the court’s ruling and clarification of the standards.



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