Hall v. Borough of Roselle, 747 F.2d 838 (3rd Cir. (N.J.), Nov 02, 1984)


Practice Areas: Appellate Practice, Employment Law, Public Entity and Civil Rights Litigation

After a civil rights action was settled, the plaintiff’s counsel applied for attorney fees. The United States District Court for the District of New Jersey, Dickinson R. Debevoise, J., reached a lodestar figure, and then added $5,000 to that figure. Appeal was taken. The Court of Appeals, Rosenn, Circuit Judge, held that: (1) the District Court did not abuse its discretion in denying the entire application for attorney fees based on a claim that it was “outrageously excessive,” and (2) the applicants failed to carry their burden of justifying an upward adjustment of the lodestar figure and the reasons given by the District Court for doing so did not withstand examination.


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