Cheryl Griffith v. Denis R. McDonough, Secretary of Veterans Affairs
Arbitration SocialSecurity ERISA EmploymentDiscrimina JusticiabilityDoctri Jurisdiction
Whether a settlement in a case covered by statutory fee shifting provisions under terms entitling plaintiffs attorneys to reasonable fees and costs as determined by a judge requires fees to be determined:
a) under Blum v. Stenson's prevailing market rate in the relevant community as opposed to fees determined under contract principles in Johnson v. Georgia Hwy. Exp. Inc., 488 F.2d 714 (5th Cir. 1979) capping fees at lower hourly rates; and
b) with a right to recover fees and costs incurred in order to obtain fees.
Whether a settlement in a case covered by statutory fee shifting provisions requires fees to be determined under Blum v. Stenson's prevailing market rate or under contract principles in Johnson v. Georgia Hwy. Exp. Inc.