Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Sealed Case 00-5116

Appellants' request for attorneys' fees exceeding the $125 per hour typically provided under the Equal Access to Justice Act (EAJA) rejected because the "special factors" that appellants alleged limited the pool of available counsel were not the type of special factors contemplated by the EAJA.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Appellants’ Motion for Attorneys’ Fees

In In re Sealed Case, we held that the Federal Election Commission (FEC) unquestionably violated its authorizing statute and its own regulations by placing information about an ongoing investigation in the public record as part of a subpoena enforcement action. 237 F.3d 657, 667 (D.C. Cir. 2001). Now, Appellants in that case apply for fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. � 2412. Appellants argue that they are entitled to attorney fees exceeding the $125 per hour typically provided under the Act. Appellants suggest that the higher fees are justified by special factors that limited the pool of available counsel. See id. � 2412(d)(2)(A). Specifically, they contend the pool was limited because the case required attorneys who specialize in federal election law, are experienced in federal litigation, and were familiar with the sealed administrative record. Appellants further suggest that the FEC’s strident insistence on placing the information on the public record with less than 24 hours notice precluded them from looking for other counsel. Because these limitations are not the type of “special factors” contemplated by the Act, see F.J. Vollmer Co. v. Magaw, 102 F.3d 591, 598 (D.C. Cir. 1996), we award Appellants the expenses for which they have applied and fees calculated at the standard EAJA rate.

I. BACKGROUND

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
FEDERAL PUBLIC DEFENDER VACANCY MIDDLE DISTRICT OF PENNSYLVANIA

FEDERAL PUBLIC DEFENDER VACANCY MIDDLE DISTRICT OF PENNSYLVANIA Refer to: www.ca3.uscourts.gov for detailed announcement...


Apply Now ›
BUSINESS LITIGATION ASSOCIATE -- BOSTON, MA

The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...


Apply Now ›
TRUSTS & ESTATES ATTORNEY

McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...


Apply Now ›
Go to Lawjobs