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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Quigley v. Winter, 598 F.3d 938 (2010)

Citation
Quigley v. Winter, 598 F.3d 938 (2010)
Parent Document
Quigley v. Winter, 598 F.3d 938 (2010)
Effective Date
2010-03-16

Other Sections in This Document (232)

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The Court today declares that because “the record before us is clear” and “remand would be inefficient,” it is “necessary” for us to determine the appropriate attorneys’ fee award. Ante, at 958. Because the same can be said for most, if not all, attorneys’ fee disputes that are appealed, it will henceforth become necessary for us to calculate the proper attorneys’ fee award as a matter of course, whenever we find an abuse of discretion. District courts are in a far better position to perform this time-consuming and fact-intensive task. As a result, I would adhere to our previous cases in which we have uniformly remanded for the district court to re-calculate the proper attorneys’ fee award. See, e.g., Lash v. Hollis, 525 F.3d 636, 643 (8th Cir.2008); ante, at 957-58 (collecting cases); see also Gisbrecht v. Barnhart, 535 *960U.S. 789, 809, 122 S.Ct. 1817, 152 L.Ed.2d 996 (2002) (similarly remanding for a new award calculation); Hensley, 461 U.S. at 440, 103 S.Ct. 1933 (same). On this issue alone, I respectfully dissent. --- 010combined ---