Can a plaintiff be denied or reduced an attorney's fee award if he fails to prove only nominal damages?

MultiRegion, United States of America

The following excerpt is from Amato v. City of Saratoga Springs, N.Y., 170 F.3d 311 (2nd Cir. 1999):

* As the majority opinion points out in another footnote, "nominal damages can be grounds for denying or reducing an attorney's fee award." See Majority Opinion at [page 317, note 5]; see also Farrar v. Hobby, 506 U.S. 103, 115, 113 S.Ct. 566, 575, 121 L.Ed.2d 494 (1992) ("When a plaintiff recovers only nominal damages because of his failure to prove an essential element of his claim for monetary relief, the only reasonable fee is usually no fee at all." (citation omitted)).

Other Questions


Is there any case law where the court has reduced the hourly rate awarded to counsel by reducing the amount awarded to the inexperienced attorney? (MultiRegion, United States of America)
What is the standard of review for appeal review of an award of damages for damages awarded in a personal injury case? (Canada (Federal), Canada)
Does the non-profit, public interest status of a plaintiff's attorney affect the award of attorney's fees? (MultiRegion, United States of America)
Does a court have jurisdiction to award damages for failing to notify a plaintiff of their "right of redemption" after the public auction? ("New York", United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
Is there any reason to reduce or reduce the amount of attorneys' fees awarded in a personal injury case? ("New York", United States of America)
What is the test for reducing an award for attorney's fees? (MultiRegion, United States of America)
In what circumstances will the District Judge order that the Department of Justice failed to conduct a proper investigation into whether there were any criminal charges brought against the Attorney General for failing to make the necessary tests? (MultiRegion, United States of America)
Can a pro se attorney who represents one or more plaintiffs recover attorney's fees? (MultiRegion, United States of America)
Is there any case law where a plaintiff has alleged that he was denied access to the same treatment as a plaintiff because of his disability? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.