During the last quarter of 2011, the Western District of New York addressed novel issues in the U.S. Court of Appeals for the Second Circuit in two cases involving requests for attorney fees. The court also attempted to resolve a decade-old ERISA case after direction from the U.S. Supreme Court. Lastly, the court provided a stern reminder of the importance of decorum and respect for the integrity of the judicial system by dismissing a case because of the plaintiff’s misconduct.
Attorney Fees Under Title VII
A successful complainant before the New York State Division of Human Rights brought a subsequent suit under Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 19911 seeking attorney fees as a prevailing party. Chief Judge William M. Skretny, in Ballard v. HSBC Bank USA, N.A., No. 08-CV-141, 2011 WL 5149147 (W.D.N.Y. Oct. 26, 2011), denied the motion by complainant’s former employer to dismiss her suit.
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