Abstracts » Law

High court to settle fee fight; weighs awards when civil rights suits are catalysts for change

Article Abstract:

Issues are discussed regarding Buckhannon Board & Care Home v. West Virginia Department of Health & Human Resources, dealing with whether the "catalyst theory" in civil rights cases remains a viable path to attorney fees for parties prevailing through the defendant's voluntary compliance. The case is pending in the U.S. Supreme Court.

Cases, Civil rights

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Fee change is a sea-change; but some seek way to skirt justices' limit on catalyst theory fees

Article Abstract:

The Supreme Court's rejection of the catalyst theory of obtaining attorneys' fees in Buckhannon Board & Care Home v. W. Va. Department of Health & Human Resources is discussed. This fee-shifting provision was something Congress used to inspire attorneys to handle complex environmental and civil rights suits.

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Hoping for $75/hour; funding crisis has led to below-cost fees for appointed counsel

Article Abstract:

Attorneys who agree to represent indigent defendants under the 1964 federal Criminal Justice Act (CJA) must live with a very low hourly rate, and Congress has never even fully funded an increase to $75 an hour which was passed 13 years ago. CJA attorneys actually make hourly rates of $65 in-court and $45 out-of-court in most judicial districts, with an overall cap of $3,500 per case.

Prices and rates, Court-appointed counsel, Court appointed counsel

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