NY Should Unify Standards For Atty Fees Against State Agency

Law360, New York (June 30, 2016, 1:34 PM EDT) -- Matthew T. McLaughlin

Benjamin P. Argyle Two bills introduced in the recently ended New York legislative session adopted the novel recommendation offered in the authors’ Dec. 17, 2015, article in The New York Law Journal.[1] The article counseled that the inconsistently applied “reasonableness” standard used to determine Freedom of Information Law attorneys’ fee awards left courts and litigants adrift, and that it should be replaced with New York Civil Practice Law and Rules § 8601’s well-developed “substantially justified” standard.[2] The “substantially justified” standard, if adopted into law, will provide government entities and FOIL practitioners with the mooring of predictable and consistent...

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