- 55 -
Cir. 1986) (applying 11.5-percent success ratio). We take the
same approach here with respect to Izen’s fees-on-fees lodestar.39
The numerator of the Izen petitioners’ success ratio (merits
hours allowed) is 676.315, and the denominator (merits hours
claimed) is 848.8. See supra Parts III.C.2., III.C.3. Applying
the percentage equivalent (79.68 percent) to Izen’s fees-on-fees
lodestar of $25,709.60, see supra Part III.E.1.d., yields an
adjusted fees-on-fees lodestar of $20,485.41. The resulting
reasonable attorney’s fee with respect to the Izen fee request is
$120,496.56 (merits fees lodestar of $100,011.15 plus adjusted
fees-on-fees lodestar of $20,485.41).
G. Reasonable Expenses
1. Izen Expense Request
Two items account for more than 90 percent of the Izen
petitioners’ claimed expenses of $39,805.19: The court
reporter’s fee for the transcript of the 1989 test case trial
($18,000), incurred June 15, 1989, and the court reporter’s fee
(plus postage) for the transcript of the 1997 evidentiary hearing
($17,840.25), incurred September 29, 1997. The first transcript
fee predates the attorney misconduct phase of this litigation
(and presumably was paid by Kersting in any event). The second
39 As we did in Dixon VII, we focus on merits hours rather
than merits fees because much of the difference between the
amounts of merits fees claimed and merits fees allowed is
attributable to sec. 7430’s rate cap, the effect of which is
already reflected in the fees-on-fees lodestar.
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