CHAPTER 3: FEDERAL ATTORNEY FEE AWARDS3.1 INTRODUCTION
3.101 In General
3.102 Lodestar
3.103 Johnson/Barber Factors
3.104 Perdue Rules
3.2 PROCEDURAL: FILING A PETITION FOR ATTORNEY
FEES
3.201 Filing Requirements Under Rule 54
3.202 Eastern District of Virginia
3.203 Western District of Virginia
3.204 Ruling on Claim for Fees Pending Appeal
3.205 Fees and Costs for Appellate Work
3.3 TYPES OF CASES WHERE ATTORNEY FEES AWARDED
3.301 Common Law Basis for Attorney Fees
3.302 Federal Statutes that Have Fee Shifting Based on
Prevailing Party Provisions
3.303 Federal Statutes That Have Fee Shifting Based on
“Whenever Appropriate” Provision
3.304 Attorney Fees Awarded Against the United States
3.305 Federal Statutes Have Differing Standards for the
Awarding of Attorney Fees to Prevailing Parties
3.306 Statutes that Award Attorney Fees to “Substantially
Prevailing Party”
3.307 Statutes that Award Attorney Fees to Successful
Litigants
3.308 Statutes that Contain Provision Awarding Attorney
Fees Whenever Appropriate
3.309 Statutes That Simply Vest District Courts with
“Discretion” to Award Attorney Fees
3.310 Other Basis for Attorney Fees
3.311 Contracts with Prevailing Party Clauses
3.4 STANDARDS OF REVIEW AND BURDENS OF PROOF
3.401 Abuse of Discretion
3.402 Burden of Proof
3.5 METHODOLOGY OF DETERMINING ATTORNEY FEES:
LODESTAR METHOD
3.501 General Approach
3.502 Reasonableness
3.503 The Twelve Johnson/Kimbrell Factors
3.504 Degree of Success Obtained by the Plaintiff
3.505 Lack of Proper Documentation
3.506 Excessive, Duplicative, or Unnecessary Hours
3.507 Downward Departure Based on Other Factors
3.508 Upward Departure from Lodestar
3.509 Determining a Reasonable Hourly Rate
3.510 Recent Cases—Approved Hourly Rates
3.511 Contingency Fee Cases
3.512 Other Issues
3.6 METHODOLOGY OF DETERMINING ATTORNEY FEES:
PERCENTAGE OF RECOVERY METHOD
3.601 In General
3.602 Seven Factors
3.603 Lodestar Cross-Check
3.7 OTHER METHODOLOGIES USED FOR DETERMINING
ATTORNEY FEES
3.701 In General
3.702 Market Approach
3.703 Auction Method
3.704 Corporate Benefit Doctrine Under Delaware Law
3.8 BANKRUPTCY COURT
3.801 Statutory Basis
3.802 Awards to Trustee and Trustee’s Counsel
3.803 Determining Reasonable Compensation—Eastern
District of Virginia
3.804 Debtor’s Counsel
3.805 Fee Applications
3.806 “No Look” Fees in Chapter 13 Cases
3.9 JOINT AND SEVERAL LIABILITY FOR ATTORNEY FEES
AND COSTS
3.10 COSTS
3.1001 Federal Rule 54
3.1002 28 U.S.C. § 1920
3.1003 Timing for Filing for Taxable Costs
3.1004 Procedure for Determining Taxable Costs
3.1005 Enforcement of Local Rules
3.1006 Burden of Proof
3.1007 Standard of Review on Appeal
3.1008 Possible Costs
3.1009 Other Issues Regarding Costs
3.1010 Non-28 U.S.C. § 1920 Costs Permitted Under
Contractual Fee-Shifting Provisions
APPENDIX 3: FORMS FOR USE IN FEDERAL COURT FEE
PETITIONS
CHAPTER 4: SANCTIONS BY FEDERAL COURTS4.1 BASIS FOR SANCTIONS AND GENERAL
CONSIDERATIONS
4.101 In General
4.102 American Rule
4.2 RULE 11 SANCTIONS
4.201 Rule 11 of the Federal Rules of Civil Procedure
4.202 Purpose of Rule 11
4.203 Rule 11 Applies to Attorneys, Parties, and Pro Se
Parties
4.204 Filings
4.205 Timing of Motion
4.206 Safe Harbor Provisions
4.207 Identification of Specific Conduct Required
4.208 Oral Misstatements
4.209 Specific Sanctions Available Under Rule 11
4.210 Applicability and Scope of Rule 11
4.3 28 U.S.C. § 1927 SANCTIONS
4.301 In General
4.302 Application to Pro Se Litigants Uncertain
4.303 Standard and Considerations for Imposing Sanctions
Under 28 U.S.C. § 1927
4.304 Situations Where Sanctions Warranted
4.305 Situations Where Sanctions Not Warranted
4.4 COURT’S INHERENT POWERS SANCTIONS
4.401 In General
4.402 Sanctions Available Under Inherent Powers
4.403 Specific Cases
4.5 SANCTIONS FOR DISCOVERY ABUSE
4.501 Basis for Discovery Sanctions
4.502 Available Sanctions
4.503 Test for Determining Whether to Impose Sanctions
Under Rule 37
4.504 Warning to Party Prior to Sanctions
4.505 Cases
4.506 Due Process Concerns
4.6 RULE 56(h) SANCTIONS
4.601 In General
4.602 Application
4.603 Due Process Requirements
4.604 Cases
4.605 Other Summary Judgment Sanctions
4.7 RULE 26(g) SANCTIONS
4.701 In General
4.702 Cases
4.8 SANCTIONS UNDER RULE 16(f)
4.801 In General
4.802 Cases
4.9 OTHER BASIS FOR SANCTIONS
4.901 Perjury/Subornation of Perjury
4.902 28 U.S.C. § 1447(c)
4.10 BURDENS OF PROOF IN MOTION FOR SANCTIONS
4.11 APPELLATE REVIEW OF SANCTIONS AWARDS
4.1101 Abuse of Discretion.
4.1102 Review of a Magistrate Judge’s Report and
Recommendation
4.12 CONTEMPT
4.1201 In General
4.1202 Civil Contempt
4.1203 Criminal Contempt
TABLE OF AUTHORITIES
INDEX