Reasonableness Of Fees: 40% Vaguely Explained Reduction Did Not Pass Muster Before Ninth Circuit In Civil Rights Case

 

Simply Saying Fees “Excessive” Was Not Enough.

     In Barnard v. Theobald, Case No. 11-16625 (9th Cir. July 1, 2013) (for publication), the Ninth Circuit affirmed an excessive police force jury verdict against defendants. However, it vacated a district judge’s decision to reduce requested attorney’s fees under the federal civil rights statute (42 U.S.C. §1988) of $315,505 by 40% to $189,303 instead. The Ninth Circuit wanted the district court to “show its work” more clearly, finding that a reduction based on “excessiveness” of fees was not an adequate explanation of the specifics for the overall decrease made by the judge below.

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