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Appellate Advocacy Keyed to Meador, 2nd Ed.
Pierce v. Underwood
Citation:
487 U.S. 552 (1986)Facts
The dispute originated when the Secretary of Housing and Urban Development decided not to implement an “operating subsidy” program authorized by the Housing and Community Development Act of 1974. This program would have provided payments to owners of government-subsidized apartment buildings to offset rising utility expenses and property taxes. Respondents, tenants in government-subsidized housing, challenged this decision in court. The District Court ruled against the Secretary, granting summary judgment in favor of respondents and issuing an injunction requiring implementation of the program. Before the appeal was resolved, a newly appointed Secretary settled with the plaintiffs, agreeing to pay $60 million into a settlement fund. While the settlement was being administered, respondents sought attorney’s fees under the Equal Access to Justice Act. The District Court awarded fees, finding that the government’s position was not “substantially justified” and applied enhanced hourly rates ranging from $80 to $120 per hour based on “special factors.” The Court of Appeals affirmed the finding that the government’s position was not substantially justified but reduced the award by eliminating a multiplier that had been applied to the lodestar amount.
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