Friday, June 26, 2026

Greenlight Capital Gets $1.2 Million in Attorneys Fees James Fishback Said He Offered Stipulation



Greenlight Capital Gets $1.2 Million in Attorneys Fees James Fishback Said He Offered Stipulation

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, June 23 - The stock of an ostensibly high profile lawsuit, Greenlight Capital versus James Fishback, certainly fell fast.

On Monday afternoon when Fishback moved to dismiss his lawyer and represent himself, the only person much less media in the courtroom gallery was Inner City Press.  

Initially, Fishback himself was not there, drawing a rebuke from U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer.

 He told Fishback is he seeks to represent himself he cannot be late, even if he blames it on his mode of transportation.   Then Judge Engelmayer asked Fishback if he knew what Rule 56 of the Federal Rules of Civil Procedure is. Fishback answered quickly but incorrectly. 

  Are you just winging it? Judge Engelmayer asked. Fishback apologized. The judge said he will enter an order allowing Fishback to represent himself after discovery is completed and Fishback signs up for electronic service of papers on the ECF system.

  There are, Greenlight's lawyer said, nine outstanding discovery items. He previewed a motion to dismiss, that Fishback took with him an IRR and another report. Fishback said the IRR was merely the record of how much he was paid, and the other report he had access to as a third party consultant.

   Looming over the case, in the first paragraph of the complaint, is Greenlight's co-founder David Einhorn. DC politics also made the case high-profile, at least earlier. And now? 

On July 21 Fishback consented to ECF.  On August 8, Greenlight's counsel filed a pre-motion letter saying it is entitled to summary judgment. There is an September conference. 

And on September 4, Inner City Press went - the only person in the courtroom gallery. Judge Engelmayer said that at least a partial resolution may be on tap for September 19, but asked about the attorneys fees Greenlight will be seeking as damages.

Fishback's lawyer - still on the case - noted that his client had offered a stipulation to injunctive relief much earlier, which should cut into attorneys fees run up after that.

On June 23, 2026, Judge Engelmayer ruled: "Greenlight’s motion for attorney’s fees and costs—the only open issue in  this case.  Greenlight seeks $1,747,626.75 in fees and $120,176.51 in costs.  Fishback agrees that  Greenlight is entitled to reasonable fees and costs, but opposes the amounts Greenlight seeks as  excessive.  For the following reasons, the Court finds appropriate a reduced award of  $1,198,464.02 in fees and $120,052.01 in costs."

More on X for Subscribers here and Substack here

 The case is Greenlight Capital, Inc., et al. v. Fishback, 1:24-cv-4832 (Engelmayer)

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