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Article: Prevailing New York civil rights plaintiffs get fees - with a caveat.
- Article from:
- Trial
- Article date:
- February 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Addressing certified questions from the Second Circuit, New York's highest court has confirmed that, following U.S. Supreme Court precedent, state courts may award attorney fees to prevailing civil rights plaintiffs who receive only nominal damages when the lawsuit serves a "significant public purpose." (McGrath v. Toys "R" Us, No. 141, 2004 WL 2720092 (N.Y. Nov. 23, 2004).)
In a case involving three New York City transsexuals who sued Toys "R" Us alleging discrimination in a public accommodation, the New York Court of Appeals adopted standards for awarding fees in civil rights cases that the Supreme Court announced in Farrar v. Hobby. (506 U.S. 103 (1992).)
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