United States Ninth Circuit

In an attorneys' fees portion of an underlying suit under the Freedom of Information Act action brought against the federal government, the district court's initial attorneys' fee award to plaintiffs under 5 U.S.C. section 552(a)(4)(E) after plaintiffs substantially prevailed, is vacated where: 1) consistent with its burden, plaintiffs provided substantial evidence of the prevailing market rate for the applicable periods, and this evidence was properly submitted to the district court; 2) in determining that prevailing market rate, the district court relied on authority that was not apposite, and failed to provide a requisite clear explanation for the fee award; and 3) plaintiffs fell within the class of litigants entitled to attorneys' fees on appeal, and may request attorneys' fees on appeal in accordance with Ninth Circuit Rule 39-1.6.

Appellate Information

• Published 2016/09/06

Judges

• PARKER

Court

• United States Ninth Circuit

Counsel