Sorenson

Sorenson v. Mink

Bad Law
239 F.3d 1140
United States Court of Appeals for the Ninth CircuitFebruary 13, 2001Nos. 99-35709, 99-35722California4,422 words

Opinion

Lead Opinion

Graber, J.

After the parties settled this class action, the district court awarded Plaintiffs $989,431.08 in attorney fees, which was about $500,000 less than they had requested. The Commissioner of the United States Social Security Administration (“the federal Defendant”) appeals, arguing that the fee award is too large; Plaintiffs cross-appeal, arguing that the fee award is too small. We hold that (1) the district court abused its discretion by failing to deduct' from the award of fees hours that were documented inadequately or that reflected duplicative efforts or excessive staffing; (2) the district court properly considered the extent of Plaintiffs’ success; (3) the cost-of-living adjustment for fees awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 , must be calculated according to the consumer price index for the year in which the fees were earned; and (4) the “prevailing market rate” is the proper measure of fees awarded under 42 U.S.C. § 1988 . Accordingly, we affirm the district court’s order in part, reverse it in part, and remand the matter for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

Pursuant to 42 U.S.C. § 421 (a), states are permitted to make…

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