· 12/22/1995
Loretta J. Brokeshoulder SCHWARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee
Citations
- 73 F.3d 895
- 95 Cal. Daily Op. Serv. 9764
- 140 A.L.R. Fed. 753
- 95 Daily Journal DAR 17021
- 1995 U.S. App. LEXIS 36329
- 1995 WL 755640
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that exception to forum rule was inapplicable where the plaintiff’s own declaration, the only evidence in support of an exception, showed only that she had diffi- culty obtaining local counsel
- concluding that “the district court was well within its discretion in awarding 15 50% of the fees-on-fees requested because this ratio actually exceeded the percentage by which 16 Schwarz prevailed on her request for merits fees”
- concluding claims were not \unrelated\ because they arose from the same basic facts and the same basic course of conduct
- requiring additional proof that the requested rates are in line with other attorneys in the community of similar skill
- rejecting as unhelpful to a fee inquiry information about similarly qualified attorneys in markets other than the relevant community
- affirming court’s use of mathematical formula to reduce fee award; district judge declined to award fees for hours spent on unrelated unsuccessful claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Rymer, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.