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STERN v. DHFS

No. 98-1493.

222 Wis.2d 521 (1998)

588 N.W.2d 658

Eugene STERN, by June Mohr, Guardian, Petitioner-Respondent-Cross-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 21, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Bruce A. Olsen, assistant attorney general.

On behalf of the petitioner-respondent-cross-appellant, the cause was submitted on the briefs of Carol Wessels Plaisted and Sussan M. Grzeskowiak, of Legal Action of Wisconsin, Inc. of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

The Wisconsin Equal Wisconsin Equal Access to Justice Act (WEAJA), § 814.245, STATS., provides attorney's fees for successful plaintiffs. The rate is the market rate, not to exceed $75 an hour, but trial courts are given discretion to grant a cost of living increase or to grant higher fees if a "special factor" exists. See id. at subd. (5)(a)2. The WEAJA was modeled after the federal Equal Access to Justice Act (EAJA), and specifically states...

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