Appellate Victory Expands Access to Justice for Millions of New Yorkers

Read the National Law Journal coverage

• An Orrick pro bono team secured a major appellate win in Peter Markey v. Daniel Tietz, convincing the New York’s Third Department to reverse its precedent and uphold the right of plaintiffs to recover attorney fees as prevailing parties – even where the state voluntarily provides relief before a court ruling.
• Orrick’s Parth Sagdeo, Jared Bobrow and Rene Kathawala led the appeal and were honored with the VOLS Pro Bono Dean’s List Award for “making a tremendous impact helping New Yorkers with limited resources to access justice, security and opportunity.”
• The case involved Peter Markey, a disabled Navy veteran who sued the New York State Office of Temporary and Disability Assistance after his application for emergency rental and utility assistance was wrongfully denied during the COVID-19 pandemic. Although the agency later voluntarily provided full relief, Markey sought to recover his attorney fees under the New York Equal Access to Justice Act (EAJA).
• This decision enshrines the catalyst theory under the EAJA in the Third Department, which recognizes plaintiffs as prevailing parties eligible for attorney fees even when relief is granted voluntarily by the government after a lawsuit is filed.
• "The New York Equal Access to Justice Act was designed to improve access to justice by providing attorneys' fees to plaintiffs who sue to remedy wrongful government conduct," the Orrick team told the National Law Journal.
• “Despite that noble goal, multiple New York appellate courts, including the Third Department, created a loophole: if the government voluntarily made the plaintiff whole after being sued, the plaintiff was not entitled to attorneys' fees," Orrick said. "We're gratified by the Third Department's decision, in which it recognized its mistake and closed that loophole. By incentivizing attorneys to take meritorious cases even when the plaintiff can't afford their fees, the Court's decision will improve access to justice for millions of New Yorkers. We're deeply thankful to VOLS for trusting us to handle this important appeal."
• “This decision is a landmark step toward ensuring equal access to justice for New Yorkers, especially those who need it most,” said Bill Haft, Orrick Banking & Finance partner and longstanding VOLS board member. “Partnering with VOLS, as we have done for many years, has been both an honor and a testament to the power of collaboration in advancing justice.”