Books and Journals 9.18 g. Work on Non-Fee-Shifting Claims

9.18 g. Work on Non-Fee-Shifting Claims

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g. Work on Non-Fee-Shifting Claims

Often, plaintiffs’ claims will include common law, New York State law, or other claims, in addition to fee-shifting claims. The rule governing reimbursement for work done on these claims is relatively simple. “Hours spent solely on common law claims and statutory claims not subject to fee-shifting must be excluded to reflect the default rule that ‘each party must pay its own attorney fees and expenses.”117 But, “[h]ours spent on legal work that furthers both fee-shifting...

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