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Cheryl Griffith v. Denis R. McDonough, Secretary of Veterans Affairs
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-14464 · judgment September 29, 2021
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.
Question presented
Whether a settlement in a case covered by statutory fee shifting provisions under terms entitling plaintiff’s attorneys to reasonable fees and costs as determined by a judge requires fees to be determined: a) under Blum v. Stenson’s prevailing market rate in the relevant community as opposed to fees determined under contract principles in Johnson v. Georgia Hwy. Exp. Inc., 488 F.2d 714 (5th Cir. 1979) capping fees at lower hourly rates; and b) with a right to recover fees and costs incurred in order to obtain fees.
Counsel of record
For petitioner
Joseph D Magri
Merkle, Magri, Meythaler, PA
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 21 2022Petition DENIED.
- May 31 2022DISTRIBUTED for Conference of 6/16/2022.
- May 25 2022Waiver of right of respondent Secretary, Department of Veterans Affairs to respond filed.
- May 11 2022Petition for a writ of certiorari filed. (Response due June 21, 2022)