Legal Opinion
Stern Ex Rel. Mohr v. Wisconsin Department of Health & Family Services
Court of Appeals of Wisconsin
Decided October 21, 1998No. 98-1493PublishedCited by 2 opinions
1Opinion of the CourtBrown, J.
The Wisconsin Equal Access to Justice Act (WEAJA), § 814.245, Stats., provides attorney's fees for successful plaintiffs. The rate is the market rate, not to exceed $75 an hour, but trial courts are given discretion to grant a cost of living increase or to grant higher fees if a "special factor" exists. See id. at subd. (5)(a)2. The WEAJA was modeled after the federal Equal Access to Justice Act (EAJA), and specifically states that we should be guided by federal law in interpreting the state act. See id. at subsec. (1). Regarding a cost of living increase, federal case law establishes that…
2Cases cited10 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Voss v. City of MiddletonWisconsin Supreme Court · 1991
- Jose Ramon-Sepulveda v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988
- Helvering v. HormelCourt of Appeals for the Eighth Circuit · 1940
- Hauboldt v. Union Carbide Corp.Wisconsin Supreme Court · 1991
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3Cited by2 opinions
- Bidstrup v. Wisconsin Department of Health & Family ServicesCourt of Appeals of Wisconsin · 2001
- Bidstrup v. DEPT. OF HEALTH AND FAMILY SERVICESCourt of Appeals of Wisconsin · 2001