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NRDC v. Winter (9th Cir. - Sept. 16, 2008)

By Shaun Martin

I gotta agree with Judge Milan Smith in this one. Junior associates at Irell typically don't have "sufficiently distinctive skills" to justfiy an enhanced award under the EAJA. And I say that having known a lot of junior associates at Irell.

Which is not to say that these people are only worth the statutory cap of $125/hour. Far from it. But, right or wrong, that's what the statute pays.

P.S. - I also agree with Judge Smith that the senior partner at Irell, as well as the junior people at the NRDC, indeed had the requisite distinctive skills. All true.

Full post as published by California Appellate Report on September 16, 2008 (boomark / email).