Johnson v. Shalala

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gale R. JOHNSON, on Behalf of Himself and All Others Situated, Plaintiff-Appellant, Tracy A. Defrance; Sandy Johnson, on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants, v. Donna E. SHALALA, Secretary, of HEALTH and HUMAN SERVICES, Defendant-Appellee. No. 93-35522. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1994. * Decided April 21, 1995. Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We remand so that the district court can reassess its award of attorneys' fees in light of our subsequent decision in Johnson v. Shalala (Johnson I), 2 F.3d 918 (9th Cir.1993). That decision reverses in part the district court's class certification. If fees are awarded, the district court should also assess whether special factors exist justifying a higher hourly rate than the $75 statutory rate adjusted upward by increases in the cost of living. I. 3 We…