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Blum Vs. Stenson

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  • US Supreme Court
  • Mar 21, 1984

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  1. Hensley Vs. Eckerhart US Supreme Court · May 16, 1983
  2. U.S. 886 (1984) U.S. Supreme Court Blum v. Stenson
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  3. U.S. 886 (1984) Blum v. Stenson
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  4. by multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate. Hensley v. Eckerhart
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  5. Stenson v. Blum
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  6. of Appeals for the Second Circuit affirmed in an unpublished oral opinion from the bench. Affirmance order, Stenson v. Blum
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  7. and not be reduced because the rights involved may be nonpecuniary in nature. The appropriate standards, see Johnson v. Georgia
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  8. Highway Express, 488 F.2d 714 (5th Cir.1974), are correctly applied in such cases as Stanford Daily v. Zurcher
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  9. Davis v. County
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  10. and Swann v. Charlotte-Mecklenburg
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  11. was represented by private counsel or by a nonprofit legal services organization. The citations to Stanford Daily v. Zurcher
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  12. F.R.D. 680 (ND Cal.1974), and Davis v. County
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  13. EPD at 5048-5049. We cannot assume that Congress would endorse the standards used in Johnson v. Georgia
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  14. Highway Express, Inc., 488 F.2d 714 (CA5 1974), Stanford Daily, Davis, and Swann v. Charlotte-Mecklenburg
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  15. In Hensley v. Eckerhart
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  16. is one of the 12 factors identified in Johnson v. Georgia
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  17. to the District Court any evidence challenging the accuracy and reasonableness of the hours charged, see Hensley v. Eckerhart
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  18. s counsel. She therefore waived her right to an evidentiary hearing in the District Court. See City of Detroit v. Grinnell
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  19. See Johnson v. Georgia
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  20. Stanford Daily v. Zurcher
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  21. Swann v. Charlotte-Mecklenburg
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  22. theory that had prevailed prior to this Court's decision in Alyeska Pipeline Service Co. v. Wilderness
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  23. time had adopted a cost-based approach to calculating fees. Reference to market rate was uniform. See, e.g., Waters v. Wisconsin
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  24. Evans v. Sheraton
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  25. Tillman v. Wheaton-Haven
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  26. Kerr v. Screen
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  27. Extras Guild, Inc., 526 F.2d 67, 69-70 (CA9 1975), cert. denied sub nom. Perkins v. Screen
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  28. approved the 12 factors that the Court of Appeals for the Fifth Circuit had used in calculating a fee award in Johnson v. Georgia
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  29. a proper basis on which a district court may award an upward adjustment to an otherwise compensatory fee. See Hensley v. Eckerhart
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  30. adjustment to compensate for the risk of nonpayment may be justified. In particular, Congress referred to Johnson v. Georgia
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  31. Congress as a relevant consideration in setting a reasonable fee. Moreover, Congress explicitly cited Stanford Daily v. Zurcher
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  32. Copeland v. Marshall
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  33. U.S. Supreme Court Blum v. Stenson
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  34. Johnson v. Georgia
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  35. (ND Cal.1974), and Davis v. County
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  36. Stanford Daily, Davis, and Swann v. Charlotte-Mecklenburg
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  37. the District Court. See City of Detroit v. Grinnell
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  38. Alyeska Pipeline Service Co. v. Wilderness
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  39. Waters v. Wisconsin
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  40. Perkins v. Screen
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  41. See Hensley v. Eckerhart
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