Hoyt W. and Barbara D. Young, et al. - Page 55

                                        - 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

Last modified: May 25, 2011