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Richlin Security Service v. Chertoff

Docket No.: 06-1717
Certiorari Granted: 11/13/2007
Argued: March 19, 2008
Decided: June 2, 2008

Topics:

Equal Access to Justice, Immigration and Naturalization, attorney fees, sovereign immunity, stare decisis

PartyNames: Richlin Security Service Company v. Michael Chertoff, Secretary of Homeland Security
Petitioner: Richlin Security Service Company
Respondent: Michael Chertoff, Secretary of Homeland Security

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 472 F3d 1370
Supreme Court Docket

Richlin Security Service Company
v.
Michael Chertoff, Secretary of Homeland Security
553 U.S. 571 (2008)
Question Presented:

Under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504(a)(l) and 28 U.S.C. 2412(d)(1)(A), may a prevailing party be awarded attorney fees for paralegal services at the market rate for such services, as four circuits have held, or does EAJA limit reimbursement for paralegal services to cost only, as the Federal Circuit panel majority below held?

Question:

Is a plaintiff who has successfully sued the federal government entitled to reimbursement of paralegal fees at market rates or as an expense compensable at cost to the firm under the Equal Access to Justice Act, which allows for recovery of "fees and other expenses" incurred in the proceedings?

Richlin Security Service v. Chertoff
ORAL ARGUMENT

March 19, 2008

Holding: reversed and remanded
Vote: 9-0
Majority: Judgment Reversed, Case Remanded. Alito, Chief Justice Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer
Opinion By:
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