United States Federal Circuit

In a case involving a dispute over the proper calculation and award of attorney's fees under the National Vaccine Injury Compensation Program, a decision awarding appellants-parents fees based on the hometown rates charged in Cheyenne, Wyoming, and denying them interim fees is affirmed where: 1) the attorneys in this case performed the entirety of their work in Cheyenne, Wyoming, and the District of Columbia rates that they requested were significantly higher than the rates prevailing in Cheyenne; and 2) appellants were not entitled to an award of interim fees pending appeal.

Appellate Information

• Decided 02/06/2008
• Published 02/06/2008

Judges

• Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert T. Moxley, Robert T. Moxley, P.C., of Cheyenne, WY, argued for petitioners-appellants.


• For Appellees:
  
• John T. Battaglia, Deputy Associate Attorney General, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Mark W. Rogers, Deputy Director, Catharine E. Reeves, Assistant Director, and Julia W. McInerny, Trial Attorney.