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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


Certiorari denied · June 21, 2022
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Subject area
Attorneys (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 21, 2022 · Certiorari denied

Proceedings

  1. Jun 21 2022
    Petition DENIED.
  2. May 31 2022
    DISTRIBUTED for Conference of 6/16/2022.
  3. May 25 2022
    Waiver of right of respondent Secretary, Department of Veterans Affairs to respond filed.
  4. May 11 2022
    Petition for a writ of certiorari filed. (Response due June 21, 2022)