Legal Opinion

Bywaters v. United States

Court of Appeals for the Federal Circuit

Decided March 1, 2012No. 2011-1032PublishedCited by 81 opinions

1Opinion of the Court

DYK, Circuit Judge.

This case presents the question of when a district court may reduce the “lodestar” calculation of reasonable attorneys’ fees to account for the “amount involved and results obtained” or other factors. Although the district court here did an exemplary job, we conclude that two errors require a remand. First, while the district court may reduce the lodestar figure to account for the “amount involved and results obtained” and other factors in rare and exceptional circumstances, we conclude that the district court erred here by taking these factors into account after…

2Cases cited33 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Gisbrecht v. BarnhartSupreme Court of the United States · 2002
  4. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  5. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986

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3Cited by81 opinions

  1. Biery v. United StatesCourt of Appeals for the Federal Circuit · 2016
  2. Haggart v. United StatesCourt of Appeals for the Federal Circuit · 2016
  3. Lumen View Technology LLC v. Findthebest.com, Inc.Court of Appeals for the Federal Circuit · 2016
  4. Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2012
  5. Haggart v. United StatesUnited States Court of Federal Claims · 2014

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