Scott v. City of New York
After prevailing at trial, the Plaintiff in this Fair Labor Standards Act (FLSA) case, moved for an award of attorney’s fees and costs pursuant to 216(b). The Defendant opposed the amount of attorney’s fees sought by Plaintiff’s attorney. The trial court awarded plaintiffs’ attorney partial attorney fees, based on the fees asserted. The Defendant appealed the award, asserting that the fee award was improper, inasmuch as the Plaintiff’s attorney had not submitted contemporaneous time records in support of his fee application. Plaintiff’s attorney cross-appealed from denial of certain of those fees. On appeal, the Second Circuit held that a contested attorney’s fee petition must be accompanied by contemporaneous time records. Therefore, they remanded the case back to the trial court in order to make a detailed finding regarding appropriate fees to be awarded (or in the alternative to state the basis for an exemption from such requirements).
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