Underwood v. Pierce
| Decision Date | 15 October 1986 |
| Docket Number | No. 83-5773,83-5773 |
| Citation | 802 F.2d 1107 |
| Parties | Myrna UNDERWOOD, Sheila Fazande, Annie Johnson, Jerome Smith, Cora Ewers, Frances Jardin, Lura R. Stentz, Charlotte West, Aritisha McGee, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Samuel R. PIERCE, Jr., Secretary of Housing and Urban Development, Defendant- Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Mary S. Burdick, Western Center on Law and Poverty, Inc., Los Angeles, Cal., for plaintiffs-appellees.
James R. Madison, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for amicus curiae.
Sheila Lieber, Robert Greenspan, Merril Hirsh, Attys., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.
Appeal from the United States District Court for the Central District of California; Harry Pregerson, Circuit Judge, Sitting by Designation.
Before HUG and FLETCHER, Circuit Judges, and CARROLL *, District Judge.
The opinion appearing at 761 F.2d 1342 is amended as follows: Section VI, commencing on page 1347, is modified by retaining the first paragraph, eliminating the remainder of the section, and substituting the following:
The Supreme Court recently has expressed caution as to the use of multipliers in calculating reasonable attorneys' fees. Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, --- U.S. ----, 106 S.Ct. 3088, 3096-3100, 92 L.Ed.2d 439 (1986). We need not decide in this case whether the use of a multiplier is permissible under the statutory language of the EAJA or under the recent Supreme Court authority. We conclude that compensation for the special factors involved in this case was adequately provided for by the allowance of the hourly rates in excess of the $75.00 specified in the statute.
* The Honorable Earl H. Carroll, United States District Judge for the District of Arizona, sitting by designation.
To continue reading
Request your trial
-
Pierce v. Underwood, 86-1512
...Valley Citizens' Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585, distinguished. Pp. 571-574. 761 F.2d 1342 and 802 F.2d 1107, affirmed in part, vacated in part, and SCALIA, J., delivered the opinion of the Court, in Part I of which all participating Members joined, in P......
-
Barry v. Bowen
...Voters of California v. FCC, 798 F.2d 1255 (9th Cir.1986); Underwood v. Pierce, 761 F.2d 1342, 1346 (9th Cir.1985), modified, 802 F.2d 1107 (9th Cir.1986), cert. granted, --- U.S. ----, 107 S.Ct. 2177, 95 L.Ed.2d 834 (1987). The burden is on the government to prove substantial justification......
-
Taylor v. Heckler
...EAJA's "substantially justified" exception. In Underwood v. Pierce, 761 F.2d 1342 (9th Cir.1985) (per curiam), modified by order, 802 F.2d 1107 (9th Cir.1986), cert. granted, --- U.S. ----, 107 S.Ct. 2177, 95 L.Ed.2d 834 (1987), the Court of Appeals reviewed a district court's determination......
-
In re Schumann Tire & Battery Co., Inc.
...at times have increased the award considering special factors. See Underwood v. Pierce, 761 F.2d 1342, 1347 (1985), amended, 802 F.2d 1107 (9th Cir.1986), cert. granted, ___ U.S. ___, 107 S.Ct. 2177, 95 L.Ed.2d 834 (1987) (allowing rates of $80-$120/hour based on novelty, difficulty, contin......