- 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.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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