Legal Opinion

Elfast v. BTI Americas, Inc.

District Court, S.D. New York

Decided April 11, 1997No. 96 Civil 6661(LAK)Published

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff moves for an award of attorney’s fees pursuant to the Protection of Jurors Employment Act, 28 U.S.C. § 1875 (the “Act”). As the Court concludes that the consent dismissal of this action “without costs” pursuant to a settlement agreement precludes such an award, the motion is denied.

Facts

Plaintiff George Elfast brought this action against defendant Americas, Inc. under the Act. The Court appointed Jason Newfield as counsel for Elfast in June 1996. On October 20, 1996, the parties agreed to settle the action for $6,500. The settlement agreement…

2Cases cited7 opinions

  1. Maher v. GagneSupreme Court of the United States · 1980
  2. Paul S. Segal v. Gilbert Color Systems, Inc.Court of Appeals for the First Circuit · 1984
  3. Betty J. Ashley v. Atlantic Richfield CompanyCourt of Appeals for the Third Circuit · 1986
  4. Muckleshoot Tribe v. Puget Sound Power & Light Co., City of Auburn, WashingtonCourt of Appeals for the Ninth Circuit · 1989
  5. Brown v. General Motors Corp.Court of Appeals for the Second Circuit · 1983

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