Legal Opinion

Simmons v. New York City Transit Authority

Court of Appeals for the Second Circuit

Decided August 3, 2009No. Docket 08-4079-cv(L)PublishedCited by 401 opinions

1Opinion of the Court

JOHN M. WALKER, JR., Circuit Judge:

Once again we are called upon to clarify the boundaries of the attorney’s fees award. We recently delineated those boundaries in Arbor Hill Concerned, Citizens Neighborhood Ass’n v. County of Albany, 493 F.3d 110 (2d Cir.2007), amended on other grounds by 522 F.3d 182 (2d Cir.2008), in which we “abandon[ed]” the “lodestar” approach to awarding attorney’s fees, and adopted instead a “presumptively reasonable fee” calculation, whereby district courts are advised “to bear in mind all of the case-specific variables that we and other courts have identified as…

2Cases cited14 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany & Albany County Board of ElectionsCourt of Appeals for the Second Circuit · 2008
  4. In Re "Agent Orange" Product Liability Litigation. (Appeal of Attorneys' Fee Awards)Court of Appeals for the Second Circuit · 1987
  5. Jacobson v. Healthcare Financial Services, Inc.Court of Appeals for the Second Circuit · 2008

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3Cited by401 opinions

  1. Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
  2. McDaniel v. County of SchenectadyCourt of Appeals for the Second Circuit · 2010
  3. Bergerson v. New York State Office of Mental HealthCourt of Appeals for the Second Circuit · 2011
  4. Santillan v. HenaoDistrict Court, E.D. New York · 2011
  5. Beastie Boys v. Monster Energy Co.District Court, S.D. New York · 2015

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