05/31/2007
Second Circuit Clarifies Standards for Attorney Fee Awards in Medicare Class Action Litigation
Ruth Healey, et al. v. Michael O. Leavitt, Secretary of the United States Department of Health and Human Services, et al., ___F.3d___, 2007 WL 1119816 (2nd Cir. 2007)
Brief Summary
Although upholding an attorney fee award in a successful Medicare class action, the Second Circuit rejected the lower court’s enhancement of the hourly rate based on the attorney’s specialized knowledge of class action lawsuits and the complex Medicare administrative system. The Second Circuit also affirmed a reduction in fees awarded based on time spent in an unsuccessful constitutional challenge.
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