A federal judge in Manhattan should not have awarded attorney Thomas P. Puccio more than $500,000 for handling an employment suit against New York City because Mr. Puccio did not keep a contemporaneous accounting of his work, a federal appeals panel has ruled.
The U.S. Court of Appeals for the Second Circuit said its ruling in Scott v. City of New York, 09-3943-cv, was consistent with its 1983 decision in New York State Association for Retarded Children Inc. v. Carey, 711 F.2d 1136, in which the court ruled that attorneys must carefully document their work in order to get fees under the fee-shifting provision of the Fair Labor Standards Act, and that exceptions to this rule could be granted “only in the rarest of cases” if a court found a specific reason.
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