What is the test for awarding attorneys' fees for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from Carco Grp., Inc. v. Maconachy, Docket No. 11-4445-cv(L), Docket No. 11-5174-cv(CON), Docket No. 12-792(XAP) (2nd Cir. 2013):

We review a district court's award of attorneys' fees for abuse of discretion. McDaniel v. Cnty. of Schenectady, 595 F.3d 411, 416 (2d Cir. 2010). An abuse of discretion occurs "when (1) the court's decision rests on an error of law (such as application of the wrong legal principle) or clearly erroneous factual finding, or (2) its decisionthough not necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions." Id. (alterations and internal quotation marks omitted). The deference exercised in an abuse of discretion review "takes on special significance when reviewing fee decisions because the district court, which is intimately familiar with the nuances of the case, is in a far better position to make such decisions than is an appellate court, which must work from a cold record." Id. (internal quotation marks and alterations omitted).

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