Fischel

Fischel v. Equitable Life Assurance Society of the United States

Good Law
98 F. App'x 581
United States Court of Appeals for the Ninth CircuitApril 14, 2004No. 03-16049California923 words

Opinion

Lead Opinion

MEMORANDUM **

In a prior appeal, Plaintiffs challenged several of the district court’s rulings in connection with its award of attorneys’ fees to Plaintiffs’ counsel. Although we affirmed the district court’s decision to utilize the lodestar method of calculating a reasonable fee award, we reversed the district court’s decisions not to apply a risk multiplier and not to compensate counsel for delay in payment. Fischel v. Equitable Life Assurance Soc’y, 307 F.3d 997 , 1011 (9th Cir.2002). We remanded to the district court “to determine whether to apply a risk multiplier and to determine whether it provided adequate compensation for the delay in payment of attorney’s fees.” Id. On remand, the district court again declined to apply a risk multiplier or to adjust the award to compensate for delay in payment, concluding that the $300 blended hourly rate it had allowed reflected both a risk enhancement and compensation for delay in payment.

Plaintiffs appeal, primarily contending that the district court did not comply with our mandate. We reverse in part, affirm in part, and remand.

I.

Risk Multiplier

In remanding, we directed the district court “to review the entire record in…

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