The case is Toussie et al v. County of Suffolk et al, U.S. District Court for the Eastern District of New York, No. 01-6716.
Objecting to the attorney fee claims, the Suffolk County said that the team of the plaintiff, Robert Toussie, did not deserve any fees, as the case where Toussie received only $12,500 against a claim of $35 million, was a de facto “significant defeat.”
During the case, in which the plaintiff’s efforts resulted in the paltry award by a jury, Toussie had retained more than a dozen lawyers and legal staff from several law firms since 2005 until 2011. The trial team included both Lowell, who is the head of Chadbourne’s white-collar defense and Scott Balber, who is the co-head of Chadbourne’s commercial litigation practice. Court filings showed that Lowel and Balber had billed more than $1 million since 2006.
Toussie’s team held that they were entitled to the fees, as the litigation was time consuming and “extremely complex” and that though the plaintiff did not receive the claim amount he sought, nevertheless he was vindicated, as the jury found the county had deprived him of his rights.
However, the judge observed, “The court finds that Toussie’s fee application is so outrageously excessive and unreasonable that it could not possibly have been made in good faith.” She further added, “Such conduct will not be tolerated, and accordingly, the court declines to award any attorney’s fees.”