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McDaniel v. County of Schenectady

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Argued: May 13, 2009

Before: WALKER, LIVINGSTON, Circuit Judges, KAPLAN,*fn1 District Judge.

Plaintiffs-Appellants appeal from an order of the United States District Court for the Northern District of New York (Sharpe, J.), approving the settlement of a class action arising from alleged violations of the their constitutional rights, but awarding less than the requested fee to their attorneys from the common fund established by the settlement. Rather than base its attorneys’ fees calculation on a percentage of the fund, the district court elected to calculate fees using a variant of the lodestar method described by this Court in Arbor Hill Concerned Citizens Neighborhood Association v. County of Albany, 493 F.3d 110 (2d Cir. 2007), superseded by 522 F.3d 182 (2d Cir. 2008). Considering the factors set forth in Goldberger v. Integrated Resources, Inc., 209 F.3d 43 (2d Cir. 2000), the district court concluded that counsel were adequately compensated by an award of fees that reflected their normal hourly rates. Because we conclude that the district court did not abuse its discretion in making these determinations, we affirm.

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