N.Y. Magistrate Judge Recommends Denial of Insurer’s Motion for Attorneys’ Fees

EW YORK — A New York federal magistrate judge has recommended denial of a cedent’s motion for an award of $400,000 in attorneys’ fees following a ruling in its favor in a reinsurance case, opining that the English Rule of awarding fees to a prevailing party is procedural and would not apply.

In a July 28 report and recommendation, Magistrate Judge Sarah L. Cave of the U.S. District Court for the Southern District of New York noted that public policy weighs against a finding that the English rule is substantive, concluding that the American Rule requiring each party to bear …