Jerry and Patricia A. Dixon, et al. - Page 52

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          work on the actual fee request even began.  That seems excessive            
          to us, and we accordingly reduce those hours by 50 percent.                 
                    b.   Time Relating to Unsuccessful Claims                         
               All of the adjustments we have made thus far relate to                 
          either (1) documentation or (2) what may be termed the efficiency           
          aspect of the reasonableness standard incorporated into section             
          7430.  In Hensley v. Eckerhart, 461 U.S. 424, 436 (1983), a case            
          involving CRAFAA (the general civil rights fee-shifting                     
          statute),46 the Supreme Court addressed another aspect of                   
          reasonableness in this context:                                             
                    If * * * a plaintiff has achieved only partial or                 
               limited success, the product of hours reasonably                       
               expended on the litigation as a whole times a                          
               reasonable hourly rate may be an excessive amount.* * *                
                    * * * That the plaintiff is a “prevailing party”                  
               therefore may say little about whether the expenditure                 
               of counsel’s time was reasonable in relation to the                    
               success achieved. * * *                                                
                                                                                     
          Professor Sisk sometimes refers to this aspect of the                       
          reasonableness standard as the limited success factor.  Sisk,               
          “The Essentials of the Equal Access to Justice Act:  Court Awards           
          of Attorney’s Fees for Unreasonable Government Conduct (Part                
          Two),” 56 La. L. Rev. 1, 119 (1995).                                        
               The Supreme Court subsequently referred to the limited                 
          success factor in the context of “fees for fees” (i.e., fees                


          46 “The standards set forth in this opinion are generally                   
          applicable in all cases in which Congress has authorized an award           
          of fees to a ‘prevailing party.’”  Hensley v. Eckerhart, 461 U.S.           
          424, 433 n.7 (1983).                                                        



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