The gold standard of excellence for more than 80 years, Bloomberg BNA’s The United States Law Week® is the most authoritative way to keep up with important cases and other legal developments...
Aug. 3 — Attorneys for a man wrongly imprisoned in the Central Park Jogger case will continue their fight for fees in the Second Circuit, after that court Aug. 3 ruled they had consented to a magistrate judge's jurisdiction ( In re McCray, Richardson, Santana, Wise & Salaam Litig., 2016 BL 250681, 2d Cir., No. 15-1887, 8/3/16 ).
Kharey Wise was one of five men convicted of beating and raping Trisha Meili in 1989 while she was jogging in Central Park. The attack left her in a coma for 12 days.
All five men were exonerated in 2002 when the lone perpetrator confessed and DNA evidence confirmed his involvement.
The law firm of Stevens, Hinds & White, P.C. represented Wise from 2003 to 2009 in his civil suit against New York City.
Wise then replaced SHW with Fisher & Byrialsen PLLC, which represented him through the settlement of his claims in 2014.
SHW moved, before the magistrate judge who had overseen the settlement, for a share of the attorneys' fees awarded as a part of Wise's settlement. They were awarded nearly $240,000 in fees and expenses, but sought more and appealed to the U.S. Court of Appeals for the Second Circuit.
FBK argued that the Second Circuit lacked jurisdiction because the law firms hadn't agreed to resolve their dispute under the auspices of a magistrate judge and 28 U.S.C. §636(c). Therefore the fee award was only a recommendation reviewable by the district court, they argued.
But Section 636(c) requires only that the parties consent to the magistrate judge's jurisdiction, Judge Amalya L. Kearse wrote for the court.
The fee fight was ancillary to Wise's civil rights suit, and all of the parties in that case had consented to the magistrate.
“Nothing in” the law “suggests that consent of attorneys in their own right is required for the magistrate judge to exercise the civil jurisdiction allowed by §636(c)(1),” the court said.
The court did not rule on SHW's appeal of the fee award size.
Judges Rosemary S. Pooler and Robert D. Sack joined the opinion.
To contact the reporter on this story: Nicholas Datlowe in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Jessie Kokrda Kamens at email@example.com
Full text at http://src.bna.com/hoc.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)