U.S. Court of Appeals for the Second Circuit
Time Entries – Failure to Object
United States ex rel. Keshner v. Nursing Personnel Home Care, et al.
Judges Jacobs, Pooler and Hall
Background: The defendants appealed from the award of attorney’s fees based upon the False Claims Act. The defendant alleged that certain time entries were unrelated to work performed in the lawsuit.
Ruling: The Second Circuit affirmed. The court held that the defendants waived their present challenge to specific time entries in the fee petition by failing to raise the objection before the district court. The Second Circuit remanded for the limited purpose of awarding of appellate fees.
Avrom R. Vann for the defendants-appellants; Brian P. Kenney of Kenney & McCafferty for the plaintiff-appellee