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Bliven v. Hunt, No. 07-1146-cv (2nd Cir.) (579 F.3d 204) (August 28, 2009) (Judge Amalya Lyle Kearse)
Article • October 1, 2009 • from P&J October, 2009
Filed under: Punch And Jurists, 18-B Compensation
Bliven v. Hunt, No. 07-1146-cv (2nd Cir.) (579 F.3d 204) (August 28, 2009) (Judge Amalya Lyle Kearse) by In a 42 U.S.C. § 1983 action claiming that Defendant-Judge violated due process by paying Plaintiff less than the amount of compensation he requested as a public defender, the dismissal of the …
U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker)
Article • October 1, 2007 • from P&J October, 2007
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Khan, No. 05-6522-cv (2nd Cir.) (497 F.3d 204) (August 10, 2007) (Judge John M. Jr. Walker) by For a commentary on this decision, see "Denial of Fees in Forfeiture Suit Involving Couriers Upheld," by Mark Hamblett, as published in the New York Law Journal on August 13, 2007, …
U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch)
Article • January 1, 2006 • from P&J January, 2006
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Saccoccia, No. 04-2669 (1st Cir.) (433 F.3d 19) (December 23, 2005) (Judge Sandra L. Lynch) by Appellant attorneys sought review of an order of the United States District Court for the District of Rhode Island, which required them to disgorge and pay to appellee government the post-verdict legal …
U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Saccoccia, No. C.R. No. 91-115-T (D.R.I.) (342 F.Supp.2d 25) (October 25, 2004) (Judge Ernest C. Torres) by As part of its criminal case, the government filed a civil contempt claim against defendant's attorneys after it successfully prosecuted defendant on Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy charges. …
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (354 F.3d 9) (December 22, 2003) (Judge Conrad K. Cyr)
Article • February 1, 2004 • from P&J August, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (354 F.3d 9) (December 22, 2003) (Judge Conrad K. Cyr) by Here the Court vacated an order of Judge Torres, reported at 165 F.Supp.2d 103 (D.R.I. 2001) directing various defense attorneys who had received legal fees from the convicted RICO defendants to disgorge …
U.S. v. Aisenberg, No. 03-10857 (11th Cir.) (358 F.3d 1327) (February 6, 2004) (Judge Frank May Hull)
Article • January 1, 2004 • from P&J January, 2004
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Aisenberg, No. 03-10857 (11th Cir.) (358 F.3d 1327) (February 6, 2004) (Judge Frank May Hull) by Here the Court reduced by a significant amount a record setting award of legal fees under the Hyde Amendment, finding, inter alia, that the district court had erred by not limiting the …
Johnson v. Daley, No. 00-3981 (7th Cir.) (339 F.3d 582) (August 19, 2003) (Judge Frank H. Easterbrook)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Johnson v. Daley, No. 00-3981 (7th Cir.) (339 F.3d 582) (August 19, 2003) (Judge Frank H. Easterbrook) by Here a plurality of the Court reversed a district court ruling that had held that the attorney fee restrictions contained in the PLRA were unconstitutional, concluding, over a bitter dissent, that such …
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (344 F.3d 31) (September 8, 2003) (Judge Conrad K. Cyr)
Article • August 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Saccoccia, No. 01-2160 (1st Cir.) (344 F.3d 31) (September 8, 2003) (Judge Conrad K. Cyr) by Here the Court vacated an order of Judge Torres, reported at 165 F.Supp.2d 103 (D.R.I. 2001) directing various defense attorneys who had received legal fees from the convicted RICO defendants to disgorge …
U.S. v. Holstrom, No. CR-02-0119-JLQ (E.D.Wash.) (246 F.Supp.2d 1101) (February 26, 2003) (Judge Justin L. Quackenbush)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Holstrom, No. CR-02-0119-JLQ (E.D.Wash.) (246 F.Supp.2d 1101) (February 26, 2003) (Judge Justin L. Quackenbush) by In 1959, then Attorney General Rogers promulgated a Department of Justice policy under which United States Attorneys were forbidden - at least in theory - from prosecuting any person for allegedly criminal behavior …
U.S. v. Aisenberg, No. 8:99-CR-324-T23MAP (M.D.Fla.) (247 F.Supp.2d 1271) (January 31, 2003) (Judge Steven D. Merryday)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Aisenberg, No. 8:99-CR-324-T23MAP (M.D.Fla.) (247 F.Supp.2d 1271) (January 31, 2003) (Judge Steven D. Merryday) by In 1997, Congress enacted a statute designed to provide at least a partial recourse for defendants who have been subjected to a criminal prosecution that proves to be “vexatious, frivolous, or in bad …
U.S. v. Johnson, No. CRIM. 00-419-03 (E.D.Pa.) (214 F.Supp.2d 488) (August 14, 2002) (Judge Eduardo C. Robreno)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Johnson, No. CRIM. 00-419-03 (E.D.Pa.) (214 F.Supp.2d 488) (August 14, 2002) (Judge Eduardo C. Robreno) by The defendant in this case was convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C.S. § 846, and he was sentenced to 360 months in prison. Following the sentencing, …
Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin) by This decision is noted for its discussion of the recent elimination of the “catalyst theory” which, for a long time, has justified the payment of legal fees in a civil rights suit; …
U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson) by In this case, the Court held that Hyde Amendment Appeals(18 U.S.C. § 3006A) are governed by Federal Rule of Appellate Procedure 4(a), and the defendant, as the prevailing party in criminal prosecution, was …
U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres)
Article • November 1, 2001 • from P&J November, 2001
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Saccoccia, No. Crim No. 91-115-T (D.R.I.) (165 F.Supp.2d 103) (July 31, 2001) (Judge Ernest C. Torres) by Defendants were indicted and convicted of laundering moneys derived from drug trafficking, including a conspiracy charge under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act. The United …
U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Adkinson, No. 00-14200 (11th Cir.) (247 F.3d 1289) (April 19, 2001) (Per Curiam) by Here the Eleventh Circuit held that four defendants who were prosecuted in defiance of controlling precedent were entitled to attorneys fees under the Hyde Amendment since the prosecution was the type of vexatious case …
U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Campbell, No. CR 98-269 CBM (C.D.Cal.) (134 F.Supp.2d 1104) (February 15, 2001) (Judge Consuelo Bland Marshall) by This case is noted for Judge Marshall's detailed discussion of the meaning of "prevailing party" under the Hyde Amendmednt and her review of the proof required to support an award of …
U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown)
Article • May 1, 2001 • from P&J May, 2001
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
U.S. v. Sherburne, No. 99-30213 (9th Cir.) (249 F.3d 1121) (May 21, 2001) (Judge M. Margaret McKeown) by Here the Ninth Circuit reversed an award of legal fees under the Hyde Amendment, holding that the standard used by the district court which had been approved in other jurisdictions was too …
Hadix v. Johnson, No. 96-2567 (6th Cir.) (230 F.3d 840) (October 4, 2000) (Judge Cornelia G. Kennedy)
Article • December 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Hadix v. Johnson, No. 96-2567 (6th Cir.) (230 F.3d 840) (October 4, 2000) (Judge Cornelia G. Kennedy) by This case and Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc. 10/6/00) case present two totally different philosophical views about whether the cap on legal fees contained in § 803(d)(3) of the Prison Litigation …
Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb)
Article • October 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Johnson v. Daley, No. 98-C-0518-C (W.D.Wisc.) (117 F.Supp.2d 889) (October 6, 2000) (Judge Barbara B. Crabb) by This is a masterful decision by District Judge Crabb in which she concluded that the fee cap provisions of the PLRA rest on irrational assumptions - and rather than creating a disincentive to …
Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya)
Article • October 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Boivin v. Black, No. 99-2085 (1st Cir.) (225 F.3d 36) (September 5, 2000) (Judge Bruce M. Selya) by In this case the plaintiff recovered $1.00 in nominal damages from a prison guard who locked plaintiff in a restaining chair and covered his mouth with a towel until he lost consciousness. …
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