BYWATERS v. U.S.

No. 2011-1032.

670 F.3d 1221 (2012)

Ashburn BYWATERS, Carl Lancaster, Betty L. Hohenberger, Orman Roderick, June Roderick, and Nan O. Beeler, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 1, 2012.


Attorney(s) appearing for the Case

Kathleen C. Kauffman , Ackerson Kauffman Fex, PC, of Washington, DC, argued for plaintiffs-appellants. On the brief was Cecilia Fex .

Ellen J. Durkee , Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Ignacia S. Moreno , Assistant Attorney General.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge PLAGER.


DYK, Circuit Judge.

This case presents the question of when a district court may reduce the "lodestar" calculation of reasonable attorneys' fees to account for the "amount involved and results obtained" or other factors. Although the district court here did an exemplary job, we conclude that two errors require a remand. First, while the district court may reduce the lodestar figure to account for the "amount involved and results obtained" and other factors in rare...

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