Legal Opinion
Luke BROWN, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Fifth Circuit
Decided November 15, 1990No. 89-3887PublishedCited by 33 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is a dispute over attorney’s fees in a social security case. We adopt the lodestar method for determining the amount of fees, specifying that the preexisting contingency fee agreement is relevant to the reasonableness of the fee but the percentage contracted for is not binding on the Secretary or district court. We also decide that the Secretary and district court may each award fees only for work before them.
I.'
In 1985 Luke Brown retained a New Orleans law firm to represent him in his claim for past-due social security benefits. Brown contracted…
2Cases cited15 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Blanchard v. BergeronSupreme Court of the United States · 1989
- Venegas v. MitchellSupreme Court of the United States · 1990
- Tobias J. COTTER, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, AppelleeCourt of Appeals for the Eighth Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Jeter v. AstrueCourt of Appeals for the Fifth Circuit · 2010
- Plas M. Allen v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1995
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Rice v. AstrueCourt of Appeals for the Fifth Circuit · 2010
28 more not listed; retrieve them via the Exa API.