United States Ninth Circuit

The award of fees cannot include inadequately documented fee hours, or work reflecting duplicative efforts or excessive staffing. Cost-of-living adjustment for fees awarded under the Equal Access to Justice Act, 28 USC 2412, must be calculated using the consumer price index for the year in which the fees were earned. The "prevailing market rate" is the proper measure of fees awarded under 42 USC 1988.

Appellate Information

• Argued 11/17/2000
• Decided 02/13/2001
• Published 02/13/2001

Judges

• GRABER, Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL, RYMER, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael E. Robinson, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the defendant-appellant/cross-appellee., N. Robert Stoll and Timothy S. DeJong, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, Oregon, for the plaintiffs-appellees/cross-appellants.