In a recent decision, a federal judge in New York granted attorneys’ fees and costs to the plaintiffs involved in a significant case that ultimately led to a groundbreaking 2022 ruling by the U.S. Supreme Court, expanding gun rights. However, the award of over $447,000 was notably less than the sum initially requested.
Background
The case, which began in 2018 and was argued before the Supreme Court in 2021, involved the representation of the New York State Rifle & Pistol Association and two gun owners who contested the constitutionality of New York state’s restrictions on carrying concealed handguns outside the home. The plaintiffs’ legal team consisted of lawyers from Kirkland & Ellis, Bradley Arant Boult Cummings, Cooper & Kirk, and Kathleen McCaffrey Baynes.
The Fee Request
The legal team had initially sought more than $1.2 million in fees and costs, citing approximately 1,621 work hours over several years. This request aimed to compensate for their efforts in challenging the handgun carry limitations in New York.
Judge’s Decision
Chief U.S. District Judge Brenda Sannes in Syracuse, New York, issued a ruling on Friday, which dissected the fee request and determined that 22 of the 23 lawyers working on the case had submitted hourly rates that exceeded the customary rates in her district. As a result, she approved significantly lower amounts.
Reduced Hourly Rates
For example, Paul Clement, a former partner at Kirkland and the Supreme Court practice leader, reported an effective hourly rate of $1,609.18. At the same time, Kevin Neylan Jr., a then-associate at Kirkland, submitted a rate of $924.78. Judge Sannes adjusted these rates to $675 and $200 for Clement and Neylan, respectively.
Clement & Murphy
Notably, Paul Clement, a former U.S. solicitor general, and Erin Murphy, another attorney on the case, left Kirkland to establish their litigation firm shortly after Kirkland’s decision to cease representing clients in Second Amendment matters, an announcement made just hours after the Supreme Court’s ruling. Neither Clement nor Murphy responded to requests for comment regarding the judge’s decision.
Other Lawyers and Parties
Lawyers from Cooper & Kirk, Bradley, Kathleen McCaffrey Baynes, and the New York State Rifle & Pistol Association did not immediately respond to requests for comment on the recent ruling.
Fee Reduction for “Excessive” Billing
Judge Sannes also determined that fees billed by Cooper & Kirk and the Bradley firm were “excessive” and applied a 30% reduction to their billed hours.
Final Award
Considering the adjusted hourly rates and fee reductions, Judge Sannes awarded the plaintiffs $443,601.62 in fees and $4,099.20 in costs and expenses. This decision diverged significantly from the New York Attorney General’s Office’s earlier position, which had suggested that the plaintiffs should receive around $330,000 in total.
Statutory Basis for Fees
In an earlier filing, the plaintiffs argued that they were entitled to attorneys’ fees under a statute that permits such an award for the prevailing party in civil rights litigation. This statutory basis formed a critical element of the fee request.
In summary, the recent ruling reflects a substantial reduction in the requested attorneys’ fees and costs for the plaintiffs in the landmark gun rights case, emphasizing the judge’s scrutiny of hourly rates and billing practices.
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