Legal Opinion

McGrath v. Toys "R" US, Inc.

New York Court of Appeals

Decided November 23, 2004PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In Farrar v Hobby (506 US 103 [1992]), the United States Supreme Court concluded that a plaintiff in a federal civil rights action who obtains only nominal damages is a “prevailing party” eligible to apply for an attorney’s fee award but that an award in those circumstances would rarely be appropriate un*426less the litigation served a significant public purpose. Certifying four questions to this Court, the United States Court of Appeals for the Second Circuit has asked us to address whether the Farrar standard is applicable to attorney’s fees awarded under the New…

2Cases cited16 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Wards Cove Packing Co. v. AtonioSupreme Court of the United States · 1989
  5. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004

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3Cited by46 opinions

  1. Williams v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  2. Bennett v. Health Management Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Rinsky v. Cushman & Wakefield, Inc.Court of Appeals for the First Circuit · 2019
  4. Zakrzewska v. NEW SCHOOLNew York Court of Appeals · 2010
  5. Hugee v. Kimso Apartments, LLCDistrict Court, E.D. New York · 2012

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