Degree of Success/Reasonable Fee: Bryant v. TRW

When Can You Recover Them and How? Costs Under 28 USC 1920, Expert Witness Fees, and Other Non-Damage Awards;
Recoverable Costs Are Governed by 28 USC 1920 however Expert Witness Fees Are Not. There are various non-damage awards that you need to understand and how to seek them.
David A. Szwak

Degree of Success/Reasonable Fee: Bryant v. TRW

Postby David A. Szwak » Sun Nov 06, 2005 8:48 pm

Bryant v. TRW, Inc., 689 F.2d 72, 80 [6th Cir.1982],

Adopted the rule in Northcross v. Board of Educ., 611 F.2d 624, 636 [6th Cir.1979], cert denied, 447 U.S. 911, 100 S.Ct. 2999 [1980] [sec.1988 case], that a fee calculated in terms of hours of service is the "fairest and most manageable approach" to attorney's fees, the standard of review remains abuse of discretion. The court need not award the full amount sought by plaintiffs. In determining the reasonableness of the fee, the court should consider the degree of success obtained, which is the most critical factor in determining reasonableness. See Farrar v. Hobby, 113 S.Ct. 566, 574 [1992] [sec. 1988 case] [quoting Hensley v. Eckerhart, 461 U.S. 424, 436, 103 S.Ct. 1933, 1941 [1983]]; Citizens Against Tax Waste v. Westerville City School Dist. Bd. of Educ., 985 F.2d 255, 258 [6th Cir.1993] [sec. 1988 case] [quoting Farrar, 113 S.Ct. at 574].

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