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2nd Circuit Clarifies Civil Rights Fee Award Scheme
The 2nd Circuit has tried again to clear up confusion about awarding of fees in civil rights cases created by a 2007 decision. About a year ago, the court alarmed civil rights attorneys by suggesting that a factor in setting fee awards could be an attorney's willingness to work pro bono or take a lower rate to "promote the lawyer's own reputational or societal goals." The circuit has now added a footnote that one expert calls "a giant step toward normalizing the 2nd Circuit's attorneys fees jurisprudence."