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Orgill, Inc. v. Distribution Centers of America (WV), LLC et al

MEMORANDUM of Law in Support of Orgill's Motion for Attorneys' Fees and Expenses

29 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,557 times   7 Legal Analyses
    Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

  2. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,794 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

  3. Blum v. Stenson

    465 U.S. 886 (1984)   Cited 8,810 times   4 Legal Analyses
    Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

  4. Travelers Cas. and Sur. Co. of America v. Pacific Gas and Elec. Co.

    549 U.S. 443 (2007)   Cited 888 times   9 Legal Analyses
    Holding that proofs of claim enforceable under applicable state law are presumed to be allowed in bankruptcy “unless expressly disallowed by [ 11 U.S.C.] § 502(b)”

  5. Richlin Sec. Serv. Co. v. Chertoff

    553 U.S. 571 (2008)   Cited 446 times
    Holding EAJA allows claimants to recover fees incurred for paralegal services based on market rates for such services, not their cost to attorneys

  6. Johnson v. Georgia Highway Express, Inc.

    488 F.2d 714 (5th Cir. 1974)   Cited 7,670 times   6 Legal Analyses
    Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee

  7. Robinson v. Equifax Information

    560 F.3d 235 (4th Cir. 2009)   Cited 846 times   2 Legal Analyses
    Holding that plaintiff provided sufficient proof of emotional distress caused by FCRA violation

  8. Adcock-Ladd v. Secretary of Treasury

    227 F.3d 343 (6th Cir. 2000)   Cited 561 times
    Holding that reasonable hourly rates should be set by reference to rates in the court's vicinage rather than in the lawyer's region of origin

  9. Barber v. Kimbrell's, Inc.

    577 F.2d 216 (4th Cir. 1978)   Cited 1,169 times
    Finding that district court improperly decided damages on TILA claims through bench trial, because requested statutory damages were legal in nature, and issue of amount of statutory damages owed to class of plaintiffs was factual issue

  10. Rum Creek Coal Sales, Inc. v. Caperton

    31 F.3d 169 (4th Cir. 1994)   Cited 424 times   2 Legal Analyses
    Holding that evidence that plaintiff's out-of-state attorneys' rates were charged to and actually paid by plaintiff, and that persons involved in charging and paying rates believed them to be reasonable was sufficient to establish prevailing market rate for services charged by the attorneys

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,397 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  12. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,163 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  13. Section 1920 - Taxation of costs

    28 U.S.C. § 1920   Cited 12,473 times   91 Legal Analyses
    Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States