General Principles
The doctrine under which each party generally pays their own attorney’s fees unless otherwise authorized by statute or contract.
What is the American Rule?
This statute allows attorney’s fees for successful civil rights claims.
What is 42 U.S.C. § 1988?
Where this is inadequate, the district court may reduce the fee award accordingly.
Documentation of hours / time records.
A court may deny fees if the party seeking them fails to engage in this process before filing a motion.
What is a meet and confer?
Courts often use this method, which multiplies reasonable hours worked by a reasonable hourly rate, to calculate fees.
What is the lodestar method?
A party who achieves a material alteration in the legal relationship between the parties.
What is the prevailing party?
In the context of a fee award as part of a class action settlement, courts must consider these two things.
The actual value of the settlement to the members of the class and proportionality.
The court has discretion to accept an untimely filed motion for attorney's fees where the movant can demonstrate this.
What is excusable neglect?
True or false: a prevailing party can recover attorney's fees incurred even if he never paid those fees.
True!
The Equal Access to Justice Act allows prevailing parties to recover attorney’s fees in cases against what entity?
What is the federal government?
The type of evidence needed to justify an attorney's hourly rate in a fee motion.
A declaration establishing prevailing market rates.
A motion for attorney’s fees must generally be filed within this period after entry of judgment under Federal Rule of Civil Procedure 54(d).
What is 14 days?
What is a risk multiplier?
True or False: A prevailing RICO defendant can recover attorney's fees under the statute.
False!
This type of billing combines unrelated tasks into one entry and can result in a reduction in a fee award.
This process does not toll the period within which a party must file a motion for attorney's fees.
What is an appeal?
True or False: A prevailing party may recover fees incurred in preparing a motion for attorneys' fees.
True.
Under what Act is the standard governing an award of attorney's fees the same for both prevailing plaintiffs and prevailing defendants?
The Copyright Act of 1976.
Courts may award fees for work performed by law clerks if the time spent satisfies this requirement.
What is the task is one that would have been performed by a lawyer?
Rule 54(d) does not apply to require a prevailing party to file a post-judgment motion for fees in these circumstances.
Where substantive law requires fees to be proved at trial as an element of damages.