Federal Judiciary

Argument Preview: Richlin Security Service Co. v. Chertoff

By Akin Gump Supreme Court Practice Group

Amy wrote the following preview of today’s argument in Richlin Security Service v. Chertoff. Read the preview in its entirety here, at SCOTUSwiki. Please note that Amy represented amici National Association of Legal Assistants, et al., at both the cert. and merits stage.

Under the Equal Access to Justice Act, parties who prevail in adversary administrative proceedings or in court against the United States may be awarded ?fees and other expenses? unless the position of the United States was not substantially justified. The EAJA defines ?fees and other expenses? as including ?reasonable . . . attorney fees,? and it further provides that, subject to a cap of $125 per hour, ?[t]he amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished.? Today in No. 06-1717, Richlin Security Service Co. v. Chertoff, the Court will consider whether fees for paralegal services are compensable at prevailing market rates.

Full post as published by SCOTUSBLOG on March 19, 2008 (boomark / email).