United States Federal Circuit
Bywaters v. US, 2011-1032
In a case in which class plaintiffs prevailed on their Little Tucker Act takings compensation claims against the United States, the district court's award of attorney's fees under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) is vacated and the case remanded for recalculation, where: 1) the district court should have considered the "amount involved and results obtained" as well as the administrative nature of the work and the fee agreement in determining the lodestar figure, rather than applying these factors after calculation of the lodestar figure; and 2) the district court was required to apply the forum rule in determining the reasonable hourly rate for the relevant market.
Appellate Information
- Decided 03/01/2012
- Published 03/01/2012
Judges
- Dyk
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Kathleen C. Kaufffman, Ellen J. Durkee