- 45 - supra at 537.39 In that regard, we deem it noteworthy that Pierce itself involved a class action in which plaintiffs’ counsel secured a $60 million settlement against the Department of Housing and Urban Development that was paid to more than 150,000 low-income tenants of federally subsidized housing projects. See Underwood v. Pierce, 547 F. Supp. 256, 258 (C.D. Cal. 1982). 5. Conclusion For the reasons discussed above, we conclude that we are constrained to apply the statutory rate caps in determining the respective amounts of petitioners’ fee awards under section 7430. C. Compensable Hours 1. Respondent’s Objections a. Duplicative Fees Due to Change of Counsel Respondent argues that any fee award should exclude “duplicative attorneys’ fees associated with two sets of appellate counsel having to read the same record and learn the same case.” While the inefficiencies associated with a change in counsel may, in some instances, warrant a reduced fee award, see, e.g., Spell v. McDaniel, 852 F.2d 762, 768 (4th Cir. 1988), we conclude that such a reduction would be inappropriate here. As noted above, more than 300 nontest case petitioners have financed the test case litigation through contributions to the Defense 39 The court also cited Jean v. Nelson, 863 F.2d at 775, a class action involving Haitian refugee claims, in which it had rejected “vindication of public rights” as a special factor under the EAJA.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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