New York Court of Appeals
Donna McGrath, Respondents v. Toys “R” US, Inc., Appellant
November 23, 20043 N.Y.3d 421
Summary
The New York Court of Appeals answered the certified questions presented by the Second Circuit, holding that the Farrar v. Hobby standard governs attorney's fee awards under the New York City Human Rights Law, that a prevailing plaintiff who recovers only nominal damages may be awarded fees when the litigation serves a significant public purpose, and that a plaintiff who is the first to secure a jury verdict on transsexual discrimination in public accommodation is entitled to a fee award despite prior recognition of the class in employment discrimination; the dissent disagreed on the fourth question.