41 Cited authorities

Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 21,574 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
Blum v. Stenson
465 U.S. 886 (1984) Cited 8,817 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”
Missouri v. Jenkins
491 U.S. 274 (1989) Cited 2,324 times 2 Legal Analyses
Holding that reasonable attorney's fees includes the costs of paralegals' time
Pennsylvania v. Del. Valley Citizens' Council
478 U.S. 546 (1986) Cited 2,315 times 1 Legal Analyses
Holding that a party may be entitled to attorneys' fees for postdecree enforcement work under the fee-shifting provision of the Clean Air Act, analogizing and relying in part on lower court decisions allowing fees under § 1988 for "post-judgment monitoring"
Blanchard v. Bergeron
489 U.S. 87 (1989) Cited 2,035 times 1 Legal Analyses
Holding that, because there is no requirement in § 1988 that attorney's fees be incurred, contingent-fee agreements do not impose an automatic ceiling on the fees amount
Arbor Hill Concerned Citizens v. County of Albany
484 F.3d 162 (2d Cir. 2007) Cited 2,279 times 9 Legal Analyses
Holding that the presumption that the forum rule should be applied may be rebutted “only in the unusual case”
Johnson v. Georgia Highway Express, Inc.
488 F.2d 714 (5th Cir. 1974) Cited 7,675 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
Gates v. Deukmejian
987 F.2d 1392 (9th Cir. 1992) Cited 1,683 times
Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable
McDonald v. Pension Plan of the Nysa-Ila
450 F.3d 91 (2d Cir. 2006) Cited 441 times
Holding that the district court did not abuse its discretion in reducing fees by 35%
Jacobson v. Healthcare
516 F.3d 85 (2d Cir. 2008) Cited 404 times
Holding that a debt collection letter did not violate 15 U.S.C. § 1692g where the plaintiff's "right to seek validation of the debt was . . . explained, not on the back of the demand letter, but on its face, below the initial statement, and in clear terms"
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 32,817 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,998 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 6,926 times 108 Legal Analyses
Prohibiting false representation of the "character, amount, or legal status of a debt"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,112 times 65 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 415.20 - Leaving copy of summons and complaint at office or at usual mailing address and mailing copy of summons and compliant to person to be served
Cal. Code Civ. Proc. § 415.20 Cited 851 times
Setting forth requirements for substitute service under California law

Diallo v. APIM, LLC

41 Cited authorities

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

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”

Holding that reasonable attorney's fees includes the costs of paralegals' time

Holding that a party may be entitled to attorneys' fees for postdecree enforcement work under the fee-shifting provision of the Clean Air Act, analogizing and relying in part on lower court decisions allowing fees under § 1988 for "post-judgment monitoring"

Holding that, because there is no requirement in § 1988 that attorney's fees be incurred, contingent-fee agreements do not impose an automatic ceiling on the fees amount

Holding that the presumption that the forum rule should be applied may be rebutted “only in the unusual case”

Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee

Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable

Holding that the district court did not abuse its discretion in reducing fees by 35%

Holding that a debt collection letter did not violate 15 U.S.C. § 1692g where the plaintiff's "right to seek validation of the debt was . . . explained, not on the back of the demand letter, but on its face, below the initial statement, and in clear terms"

Adopting similar language for acquiring default judgment against the United States

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Prohibiting false representation of the "character, amount, or legal status of a debt"

Holding debt collectors civilly liable for illicit debt collection practices

Setting forth requirements for substitute service under California law