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· 12/23/2005

Albert Farbotko v. Clinton County Of New York

Citations

  • 433 F.3d 204

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that district courts must ground their rate determinations in the evidentiary record rather than relying on assumptions based on the proof submitted
  • courts may take “judicial notice of the rates awarded in prior cases and [rely on their] own familiarity with the rates prevailing in the district”
  • district courts should not simply “recycl[e] rates awarded in prior cases without considering whether they continue to prevail”
  • “The district court is in closer 21 proximity to and has greater experience with the relevant 22 community whose prevailing market rate it is determining.”
  • “The district court is in closer 11 proximity to and has greater experience with the relevant 12 community whose prevailing market rate it is determining.”
  • district courts must ground rate determinations in the evidentiary record rather than assumptions

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.