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This case did not appear to require those skills in order for
petitioners to prevail. Publicity that Rebhun received from the
articles apparently did not play any role in the underlying
litigation. The issues in the underlying case were not
particularly difficult. We do not minimize Rebhun’s
accomplishments in this case, but winning a case does not
automatically mean a special factor is present. We find that no
special factor is present which justifies an award of attorneys’
fees at an hourly rate greater than $140.
D. Conclusion
Respondent concedes that Rebhun spent a reasonable amount of
time on the underlying case. We award petitioners attorney’s
fees of $4,824.40 (34.46 hours at $140 per hour), and costs of
$60 for filing the petition and $151 for photocopying of
respondent’s files.
To reflect the foregoing,
An appropriate order and
decision will be entered.
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Last modified: May 25, 2011