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Law Practice,
Civil Litigation

Feb. 7, 2020

'Mechanical' analysis of attorney fees award in civil rights case results in partial reversal

In a recent case, the trial judge in a civil rights case imposed a 90% haircut on fees, and a majority of a Court of Appeals panel asked the trial judge to provide further explanation.

Marc D. Alexander

Attorney and Mediator
Alternative Resolution Centers (ARC)

Email: alexanderdisputeresolution@gmail.com

In the civil rights case Moreno v. City of Sacramento, 534 F.3d 1106 (9th Cir. 2008), Judge Alex Kozinski observed, "Lawyers must eat, so they generally won't take cases without a reasonable prospect of getting paid." He added, "the district court can impose a small reduction, no greater than 10 percent -- a 'haircut' -- based on its exercise of discretion and...

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