Opinion

Northeast Ohio Coalition for the Homeless v. Secretary of Ohio

  • 695 F.3d 563
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 30, 2012
Status
Published
Author
Moore
On the bench
Moore, Gibbons, Alarcón
Cited by
14 cases
Authority
More cited than 0.0%

finding hourly rates of $400, $290, and $280 reasonable for calculating the lodestar in a § -8- No. 14-3154 1983 election law dispute

How later courts described this case

  • finding hourly rates of $400, $290, and $280 reasonable for calculating the lodestar in a § -8- No. 14-3154 1983 election law dispute
  • finding hourly rates of $400, $290, and $280 reasonable for calculating the lodestar in a § 1983 election law dispute
  • acknowledging that Coulter was binding Sixth Circuit precedent

Written by the judges who cited it.

The opinion

KAREN NELSON MOORE, Circuit Judge,

concurring.

I write separately because I question the continued vitality of the three-percent rule in cases seeking attorneys’ fees to recover the costs of pursuing fees under 42 U.S.C. § 1988 . No other circuit — to my knowledge — has adopted a bright-line rule for calculating “fees for fees” like the one we stated in Coulter v. Tennessee, 805 F.2d 146 (6th Cir.1986), cert. denied, 482 U.S. 914 , 107 S.Ct. 3186 , 96 L.Ed.2d 674 (1987). Although I am sympathetic to the reasoning espoused in Coulter for such a rule, I see no justification in the statute or the legislative history for divesting the district courts of their discretion to determine whether fees for fees should be awarded and in what amount. However, because Coulter is binding Sixth Circuit precedent, I concur with the majority’s analysis in this case. I also agree that the exception for unusual circumstances warranting a departure from the three-percent rule is not applicable in this case. The parties were free to contract around Coulter upon realizing that the consent decree would encompass more than just settling the litigation over the attorneys’ fees, just as they were free to specify clearly that the consent decree would be final as to all claims.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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