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· 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

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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.