Simmons v. N.Y. City Transit Authority, No. 08-4079 - U.S. Second Circuit
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Simmons v. N.Y. City Transit Authority, No. 08-4079

In a dispute involving attorney's fees, district court judgment is vacated and remanded where the court erred in awarding attorney's fees to plaintiff's based on the prevailing hourly rates in the district where her counsel was based, rather than where the suit was litigated, as plaintiff did not satisfy the exception to the forum rule for attorney's fees.    

Read Simmons v. N.Y. City Transit Authority, No. 08-4079

Appellate Information
Appeal from the United States District Court for the Eastern District of New York.
Submitted: April 8, 2009
Filed: August 3, 2009

Judges
JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.
Opinion by WALKER, Circuit Judge.

Counsel
For Plaintiff: Gregory Antollino, New York, NY.

For Defendant: Steve S. Efron, New York, NY.