Does a court have to articulate its reasons for reducing the hours claimed by an attorney for a second appeal?

MultiRegion, United States of America

The following excerpt is from Stivers v. Pierce, 131 F.3d 148 (9th Cir. 1997):

Although the "district court has a great deal of discretion in determining the reasonableness of the fee ... [it] is required to articulate ... the reasons for its findings." Gates v. Deukmejian, 987 F.2d 1392, 1398 (9th Cir.1992). The district court did not explain fully its reasons for reducing the hours claimed. Moreover, it appears from the fragmentary explanation given that the court may have confused the bases of the fees awarded on the first appeal. Stivers' attorney was awarded fees for obtaining licenses for Stivers. She was not awarded fees, however, for obtaining a reversal of the district court's summary judgment because Stivers was not yet a prevailing party on that issue. She is now entitled to her fees for the summary judgment portion of the first appeal, the trial on remand, and we hold that she is entitled to fees for this second appeal when application is made. Accordingly, we remand the issue of the amount of attorney's fees to the district court for further consideration of fees earned to date including fees that were earned on this second appeal.

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