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Laffey Matrix

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services whereas the CPI is based on a basket of general goods that is dominated by the cost of housing, food, etc.; 3. the LSI includes some services associated with litigation, such as preparing briefs and attending depositions; 4. the Washington, D.C. market for complex federal litigation is a national market where firms from across the country compete to provide such services; 5. market data shows that the LSI-Adjusted
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primarily for flat-fee services rather than hourly rates; 4) The LSI does not take into account discounted rates, contingency fees, and other reasons actual collected rates may differ from hourly billing rates; and 5) Actual hourly billing rates of attorneys in the Washington, D.C. area are, according to published survey data, more accurately represented by rates outlined in the USAO
25: 510:“It is the practice of the undersigned judge, however, to rely on official data to determine appropriate hourly rates, not on an attorney's self-proclaimed rates or declarations regarding hourly rates charged by law firms. One reliable official source for rates that vary by experience levels is the Laffey matrix used in the District of Columbia.” 230:
on attorneys situated as Yablonski and Galloway are here. Henceforth, the prevailing market rate method heretofore used in awarding fees to traditional for-profit firms and public interest legal services organizations shall apply as well to those attorneys who practice privately and for profit but at
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Matrix from 1982 and adjusted it annually using changes in the Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Washington-Baltimore area. The result was a routinely adjusted United States Attorney's Office Matrix: a table which provided hourly rates, based on years of
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Matrix is a better reflection of the District of Columbia market for complex federal litigation for the following reasons: 1. it is based on more recent observations (1989 data compared to 1982 data), which is more likely to produce a better forecast of actual rates; 2. the LSI is specific to legal
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The Bureau of Labor Statistics has maintained the LSI since 1987 and the PPI-OL since 1997. For the years they have in common, these two indices report comparable rates of price change for legal services. This means that when the same hourly rate is adjusted with the LSI compared to the PPI-OL, the
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Matrix for the following reasons: 1) The LSI measures prices changes in basic, personal, consumer-oriented legal services such as uncontested divorce and DUI and not complex federal litigation; 2) The LSI is a nationwide average index and not specific to the D.C. metropolitan region; 3) The LSI is
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Matrix. It is also based on rates for the Washington metro area (which includes areas in West Virginia, Virginia, and Maryland, and Washington, DC), not just the District of Columbia. For these reasons, the U.S. Court of Appeals for the D.C. Circuit rejected the new matrix as reflecting rates for
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426 F.3d 694 (3rd Cir. 2005)("In updating the matrix to account for inflation from 1989-2003, ICO relied on the legal services component of the nationwide Consumer Price Index ('the Legal Services Index'), a measure of inflation in the cost of legal services maintained by the Bureau of Labor
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Matrix. Its matrix is now based on data from a 2010-2011 ALM survey adjusted using the Producer Price Index-Office of Lawyers (PPI-OL) index (the "USAO Matrix"). The USAO Matrix is based on rates for all types of legal services, not exclusively complex federal litigation like the
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Statistics."). The Court of Appeals noted that the District Court "reviewed both indices and decided that represented a better measure of prevailing rates in Washington, DC. The Third Circuit issued a similar affirmance of a fee award based on the LSI-Adjusted
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estimate of the actual cost of legal services in this area'" (emphasis in original). It concluded that “he District, neither below nor on appeal, rebuts this logic with relevant arguments.” The Court noted that the fact that other courts have applied the USAO
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Matrix. These methods produced different hourly rates due to the use of different inflation metrics. The U.S. Attorney's Office for the District of Columbia also developed a new matrix in 2015, but it was rejected by the court of appeals for the D.C. Circuit.
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USAO Matrix base data with United States’ confirmation of base data, and declaration explaining that the base ALM data is “actual average billing rates of attorneys in the Washington, DC area, from law offices of all sizes and types.”
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Matrix can be adjusted for local costs using the Bureau of Labor Statistics data on wages paid to lawyers (occupation code 23-1011) and paralegals (occupation code 23-2011) for primary metropolitan statistical areas in each state
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The CPI is a broad index that includes price changes for over 100,000 commodities, most of which are not relevant to legal services. Both the LSI and the PPI-OL measure a national rate of change of prices for legal services.
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The applicant for a fee award must establish the prevailing market rates. To establish the prevailing market rates in the District of Columbia, the applicant "may point to such evidence as an updated version of the
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Matrix adjusted by the Legal Services Component of the Consumer Price Index referred to as the Legal Services Index or the LSI. The LSI is provided monthly by the Bureau of Labor Statistics. The LSI-Adjusted
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did not intend the private but public-spirited rate-cutting attorney to be penalized for his public spiritedness by being paid on a lower scale than either his higher priced fellow
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Matrix provided market rates for the period from June 1, 1981, through May 31, 1982, based on different levels of experience. At the urging of the D.C. Circuit in its
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924 F.3d 585 (D.C. Cir. 2019). Thereafter, the USAO stated that it was working with other parties to develop a revised matrix for complex federal litigation.
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809 F.3d 58 (D.C. Cir. 2015). The D.C. Circuit agreed with the district court that the evidence presented by plaintiffs demonstrates that "the LSI-Updated
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As described above, in 2019, the U.S. Court of Appeals for the District of Columbia Circuit rejected the new USAO matrix based on the ALM survey data.
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rejected use of the matrix in favor of the firm's actual billing rate, thus restricting fee awards to small firms, such as the counsel in
151:. That evidence was analyzed and a matrix of rates for attorneys at various experience levels was created, later becoming known as the 311: 347:
Matrix or the new USAO Matrix should be used instead of the Legal Service Index (LSI) adjustment method presumably because the USAO
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Matrix ("USAO Laffey Matrix") as a basis for hourly rates for attorneys' fees in litigation claims. This matrix used the original
360: 251:, 857 F.2d at 1525, the matrix was updated through May 31, 1989, in connection with a settlement reached on remand in that case. 829:
Matrix is a matrix developed based on evidence of market rates for complex federal litigation. It is not an official document.
218:, and the panel decision in this case, which it compelled, are both inconsistent with the Supreme Court’s decision in 802:"THE FITZPATRICK MATRIX. Hourly Rates ($ ) for Legal Fees for Complex Federal Litigation in the District of Columbia" 729: 623:
465 U.S. at 892, 895–896, that compensation to some attorneys should be based on costs including salary levels.
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Matrix or the U.S. Attorney’s Office matrix, or their own survey of prevailing market rates in the community."
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adopted the matrix and expressly rejected the use of the size or type of the law firm in setting hourly rates.
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Matrix or the newer USAO Matrix. Some courts in the United States have awarded fees using the LSI-Adjusted
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Matrix and the new USAO Matrix when awarding attorneys' fees under a fee-shifting statute, such as the
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Matrix, particularly for cases in the Washington-Baltimore region, and have based fee awards the USAO
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Matrix is adjusted based on the LSI. The new USAO matrix, which was rejected by the D.C. Circuit in
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Matrix upwards based upon the higher costs of living in Los Angeles and other California cities.
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D.C. Cir. Case No. 18-7004, p. 493 (Declaration of Michael Kavanaugh, dated September 24, 2016)
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D.C. Cir. Case No. 18-7004, p. 491 (Declaration of Michael Kavanaugh, dated September 24, 2016)
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to the extent that it imposes the above discussed different method of determining reasonable
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See list of fee-shifting statutes at the Appendix to Opinion of Brennan, J., Dissenting in
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The Court of Appeals for the Third Circuit affirmed a fee award based on the LSI-Adjusted
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Another method is to adjust for local costs of wages to lawyers and paralegals. The
262:“does provide an updated and accurate schedule of attorney fees in this District”). 116:, 572 F. Supp. 354 (D.D.C. 1983), reversed, 746 F.2d 4 (D.C. Cir. 1984), overruled, 323:
experience, for attorneys, paralegals and law clerks in the Washington, D.C. area.
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Matrix and the new USAO Matrix produced lower hourly rates than the LSI-Adjusted
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from a more established firm or his salaried neighbor at a legal services clinic.
140: 375:, some fee applicants have established the prevailing market rates using the 258:, 705 F. Supp. 705, 709, n. 10 (D.D.C. 1989)(the updated matrix developed in 550:
Laura Malowane of Economists Incorporated is an economist with a Ph.D. from
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Dr. Michael Kavanaugh is the economist credited by the D.C. Circuit in the
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In 2015, the USAO revised its method. Its matrix is no longer based on the
619:). This method appears to be a re-formulation of the argument rejected in 136: 132: 542:
resulting LSI hourly rate is about the same as the PPI-OL hourly rate.
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fee awards be based on prevailing market rates established by evidence.
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Matrix. In December 2015, the D.C. Circuit affirmed such a fee award.
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Interfaith Community Organization v. Honeywell International, Inc.,
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which construed those statutes. We therefore expressly overrule
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DL v. District of Columbia, 860 F.3d. 713, 718 (D.C. Cir. 2017)
674:"Yablonski Affidavit provides information regarding the update" 18: 355:
Matrix. Some courts in the United States have used the USAO
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complex federal litigation in the District of Columbia in
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Matrix produces rates that are below market and the USAO
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The Fourth Circuit expressly disapproved reliance on the
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Matrix is adjusted based on the CPI. The LSI-Adjusted
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Many defendants have taken the position that the USAO
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560 F.3d 235 (4th Cir. 2009), requiring instead that
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Matrix. Over the years, two methods of adjusting the
514:, 2006 U.S. Dist. LEXIS 5938 (N. Dist. Cal. 2006). 285:Matrix for the passage of time have developed: the 89:for determining the reasonable hourly rates in the 504:In Re HPL Technologies, Inc. Securities Litigation 396:Matrix produces higher hourly rates than the USAO 498:Some California federal courts have adjusted the 214:In short, we conclude that our prior decision in 506:, 366 F.Supp.2d 912, 921 (N. Dist. Cal. 2005). 97:fee awards under federal fee-shifting statutes. 598:as to the relative merits of the LSI-Adjusted 490:Robinson v. Equifax Information Services, LLC, 761:"LSI-Adjusted Laffey Matrix through May 2020" 249:Save Our Cumberland Mountains v. Hodel, supra 162:, 465 U.S. 886 (1984), the district court in 16:Fee schedule for District of Columbia lawyers 8: 691:"District of Columbia | Civil Division" 468:, law firm litigating a case in New Jersey. 424:Other courts have rejected the LSI-Adjusted 293:Matrix and the Legal Service Index-Adjusted 440:No. 07-1570, 2008 U.S. Dist. LEXIS 49069. 384:Matrix is based on the 1989 update of the 186:, 746 F.2d at 24–25. Four years later, in 775: 773: 746:, 267 F.Supp.3d 55, 55-81 (D.D.C. 2017), 740:See, e.g., Heller v. District of Columbia 168:Laffey v. Northwest Airlines, Inc., supra 69:Learn how and when to remove this message 594:These same economists also disagreed in 123:, 857 F.2d 1516, 1525 (D.C. Cir. 1988) ( 856: 854: 852: 850: 720: 718: 631: 578:case. In his opinion, the LSI-Adjusted 436:424 F. Supp. 2d 67, n.2 (D.D.C. 2006); 361:Civil Rights Attorney's Fees Awards Act 274:, 57 F.3d 1101, 1109 (D.C. Cir. 1995). 260:Save Our Cumberland Mountains v. Hodel 182:, to their own reduced billing rates. 170:, 572 F. Supp. at 374. On appeal, the 653:"Rezneck Affidavit and Evidence from 554:. She believes that the LSI-Adjusted 479:ICO v. Honeywell International, Inc., 198:decision (857 F.2d at 1524) stating: 7: 301: 534:, is adjusted based on the PPI-OL. 456:Some decisions from non-D.C. courts 184:Laffey v. Northwest Airlines, supra 742:, 832 F.Supp.2d 32 (D.D.C. 2011); 277:Fee applicants often point to the 216:Laffey v. Northwest Airlines, Inc. 40:integrate it into the encyclopedia 14: 272:Covington v. District of Columbia 750:, 924 F.3d 585 (D.C. Cir. 2019). 602:Matrix and the new USAO matrix. 567:Matrix than in the LSI-Adjusted 406:Salazar v. District of Columbia, 51:that are relevant to the context 23: 558:Matrix is inferior to the USAO 340:924 F.3d 585 (D.C. Cir. 2019). 312:United States Attorney's Office 85:is a fee schedule used by many 481:726 F. 3d 744 (3d Cir. 2013). 434:See, e.g., Pleasants v. Ridge, 1: 591:Matrix rates are even lower. 546:Opposing economists' opinions 390:Save Our Cumberland Mountains 338:D.L. v. District of Columbia, 231:reduced rates reflecting non- 188:Save Our Cumberland Mountains 119:Save Our Cumberland Mountains 438:Judicial Watch, Inc. v. BLM, 421:Matrix “is not compelling.” 863:DL v. District of Columbia, 841:DL v. District of Columbia, 450:DL v. District of Columbia, 190:, the D.C. Circuit sitting 919: 744:DL v. District of Columbia 596:DL v. District of Columbia 388:Matrix prepared following 367:LSI-Adjusted Laffey Matrix 861:Joint Appendix Volume 1, 839:Joint Appendix Volume 1, 53:within the existing text. 825:As described above, the 627:References and footnotes 621:Blum v. Stenson, supra, 545: 302:U.S. Attorney's Office 36:links to other articles 412:Matrix 'is probably a 237: 211: 518:The inflation indices 212: 200: 109:Matrix originated in 697:. February 19, 2015. 642:, 473 U.S. 1 (1985). 552:Princeton University 310:For many years, the 147:for complex federal 145:District of Columbia 91:District of Columbia 87:United States courts 47:improve this article 512:Garnes v. Barnhardt 392:. The LSI-Adjusted 617:http://www.bls.gov 444:Another new matrix 127:). Counsel in the 113:Northwest Airlines 79: 78: 71: 910: 876: 873: 867: 858: 845: 836: 830: 823: 817: 816: 814: 812: 798: 792: 791: 789: 777: 768: 767: 765: 757: 751: 737: 731: 722: 713: 712: 705: 699: 698: 687: 681: 680: 678: 670: 664: 663: 661: 649: 643: 636: 466:Washington, D.C. 172:Court of Appeals 74: 67: 63: 60: 54: 49:by adding links 27: 26: 19: 918: 917: 913: 912: 911: 909: 908: 907: 893: 892: 884: 879: 874: 870: 859: 848: 837: 833: 824: 820: 810: 808: 806:www.justice.gov 800: 799: 795: 787: 779: 778: 771: 763: 759: 758: 754: 738: 734: 723: 716: 707: 706: 702: 695:www.justice.gov 689: 688: 684: 676: 672: 671: 667: 659: 651: 650: 646: 640:Marek v. Chesny 637: 633: 629: 608: 548: 520: 458: 446: 369: 308: 287:U.S. Attorney's 220:Blum v. Stenson 160:Blum v. Stenson 103: 75: 64: 58: 55: 44: 28: 24: 17: 12: 11: 5: 916: 914: 906: 905: 895: 894: 891: 890: 888:Attorney's fee 883: 880: 878: 877: 868: 846: 831: 818: 793: 769: 752: 732: 714: 700: 682: 665: 644: 630: 628: 625: 607: 606:Another option 604: 547: 544: 519: 516: 457: 454: 445: 442: 368: 365: 307: 300: 194:overruled the 131:case compiled 102: 99: 77: 76: 59:September 2024 31: 29: 22: 15: 13: 10: 9: 6: 4: 3: 2: 915: 904: 901: 900: 898: 889: 886: 885: 881: 872: 869: 866: 864: 857: 855: 853: 851: 847: 844: 842: 835: 832: 828: 822: 819: 807: 803: 797: 794: 786: 784: 776: 774: 770: 762: 756: 753: 749: 745: 741: 736: 733: 730: 726: 721: 719: 715: 710: 709:"USAO Matrix" 704: 701: 696: 692: 686: 683: 675: 669: 666: 658: 656: 648: 645: 641: 635: 632: 626: 624: 622: 618: 613: 605: 603: 601: 597: 592: 590: 586: 581: 577: 572: 570: 566: 561: 557: 553: 543: 539: 535: 533: 529: 525: 517: 515: 513: 509: 505: 501: 496: 495: 491: 487: 482: 480: 476: 471: 467: 464:Matrix for a 463: 455: 453: 451: 443: 441: 439: 435: 431: 427: 422: 420: 415: 411: 407: 403: 399: 395: 391: 387: 383: 378: 374: 366: 364: 362: 358: 354: 350: 346: 341: 339: 334: 329: 324: 321: 317: 313: 305: 299: 296: 292: 288: 284: 280: 275: 273: 269: 263: 261: 257: 256:Trout v. Ball 254: 250: 246: 242: 239:The original 236: 234: 229: 228:attorney fees 225: 221: 217: 210: 208: 204: 199: 197: 193: 189: 185: 181: 177: 173: 169: 165: 161: 156: 154: 150: 146: 142: 138: 134: 130: 126: 122: 120: 115: 114: 108: 100: 98: 96: 92: 88: 84: 83:Laffey Matrix 73: 70: 62: 52: 48: 42: 41: 37: 32:This article 30: 21: 20: 871: 862: 840: 834: 826: 821: 809:. Retrieved 805: 796: 782: 755: 747: 743: 739: 735: 724: 703: 694: 685: 668: 654: 647: 639: 634: 620: 611: 609: 599: 595: 593: 588: 584: 579: 575: 573: 568: 564: 559: 555: 549: 540: 536: 531: 527: 523: 521: 511: 507: 503: 499: 497: 493: 489: 485: 483: 478: 474: 469: 461: 459: 449: 447: 437: 433: 429: 425: 423: 418: 414:conservative 413: 409: 405: 401: 397: 393: 389: 385: 381: 376: 372: 370: 356: 352: 348: 344: 342: 337: 332: 327: 325: 319: 315: 309: 303: 294: 290: 282: 278: 276: 271: 267: 264: 259: 255: 252: 248: 247:decision in 244: 240: 238: 223: 219: 215: 213: 201: 195: 191: 187: 183: 179: 176:D.C. Circuit 167: 163: 159: 157: 152: 141:market rates 139:showing the 128: 117: 110: 106: 104: 82: 80: 65: 56: 45:Please help 33: 903:Legal costs 34:needs more 488:Matrix in 477:Matrix in 253:See, e.g., 149:litigation 111:Laffey v. 95:attorneys' 785:Decision" 522:The USAO 373:Covington 371:Based on 314:used the 207:barrister 158:Based on 897:Category 882:See also 811:29 March 748:reversed 571:Matrix. 508:See also 432:Matrix. 233:economic 203:Congress 174:for the 155:Matrix. 133:evidence 121:v. Hodel 101:Overview 38:to help 783:Salazar 576:Salazar 289:Office 245:en banc 192:en banc 143:in the 125:en banc 827:Laffey 655:Laffey 612:Laffey 600:Laffey 589:Laffey 585:Laffey 580:Laffey 569:Laffey 565:Laffey 560:Laffey 556:Laffey 528:Laffey 524:Laffey 500:Laffey 486:Laffey 475:Laffey 462:Laffey 430:Laffey 426:Laffey 419:Laffey 410:Laffey 402:Laffey 398:Laffey 394:Laffey 386:Laffey 382:Laffey 377:Laffey 357:Laffey 353:Laffey 349:Laffey 345:Laffey 333:Laffey 328:Laffey 320:Laffey 316:Laffey 306:Matrix 304:Laffey 295:Laffey 291:Laffey 283:Laffey 279:Laffey 268:Laffey 241:Laffey 235:goals. 224:Laffey 196:Laffey 180:Laffey 164:Laffey 153:Laffey 129:Laffey 107:Laffey 788:(PDF) 764:(PDF) 677:(PDF) 660:(PDF) 657:case" 137:firms 135:from 813:2024 105:The 93:for 81:The 725:See 899:: 849:^ 804:. 772:^ 717:^ 693:. 532:DL 363:. 815:. 790:. 781:" 766:. 711:. 679:. 662:. 615:( 72:) 66:( 61:) 57:( 43:.

Index

links to other articles
integrate it into the encyclopedia
improve this article
that are relevant to the context
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United States courts
District of Columbia
attorneys'
Northwest Airlines
Save Our Cumberland Mountains
en banc
evidence
firms
market rates
District of Columbia
litigation
Court of Appeals
D.C. Circuit
Congress
barrister
attorney fees
economic
U.S. Attorney's
United States Attorney's Office
Civil Rights Attorney's Fees Awards Act
Washington, D.C.
Princeton University
http://www.bls.gov
"Rezneck Affidavit and Evidence from Laffey case"
"Yablonski Affidavit provides information regarding the update"

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