Legal Fee Award; Constructive Trust, Unjust Enrichment, and Conversion: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "COD, LLC v. Ljuljdjuraj," and "Rojas v. Roche."
August 27, 2024 at 03:25 PM
16 minute read
Landlord-Tenant—Legal Fee Award—Holdover Proceeding Dismissed—Respondent Awarded $60,341.30 in Legal Fees—Respondent Justified Counsel's Hourly Rate and Number of Hours—Court May Be Its Own Expert as to the Reasonableness of Hourly Billing Rates "Without Reference to Expert Testimony"—Factors Which Courts Consider In Determining Whether a Rate for Legal Services Is Reasonable: Time and Labor Required, Difficulty of Questions Involved, Required Skill, Experience, Ability and Reputation of Counsel, Benefits Resulting From the Services, Customary Fees Charged for Similar Services, Contingency or Certainty of Compensation, Results Obtained and Responsibility Involved—Actual Payment Of Attorney Fees Is Not a Condition to a Party's Recovery Under RPL §234—A Hearing Was Not Needed for Court To Evaluate the Reasonableness of the Hours Expended Since Petitioner Had Not Raised an Issue of Fact With Respect Thereto—Attorney Rates Cannot Be Charged for Work That Could Be "Done By a Secretary or a Paralegal"
The petitioner had commenced the holdover proceeding, seeking possession of an apartment on the grounds that the respondent's "occupancy was incidental to his employment with petitioner and that petitioner terminated respondent's employment." The court had dismissed the proceeding and denied the petitioner's motion to dismiss the respondent's counterclaim for attorney fees. The respondent had moved for judgment on his counterclaim for attorney fees.
The court explained that the lease entitled the respondent to a judgment on his counterclaim pursuant to RPL §234. The respondent was the "prevailing party in this proceeding." The court then addressed whether the respondent's counsel's hourly rates are "reasonable and whether the hours billed by respondent's counsel are reasonable."
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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