What is the primary concern of the appellate courts in determining whether a remand is necessary?
MultiRegion, United States of America
The following excerpt is from Gates v. Deukmejian, 977 F.2d 1300 (9th Cir. 1992):
[t]he primary concern of the appellate courts ... appears to be that the district court not consider the 'subsumed' factors both when it sets the lodestar and when it examines the increasing or reducing factors. Whether the district court engaged in such double counting must be our primary inquiry in determining whether a remand is necessary.
Romberg v. Nichols, 953 F.2d 1152, 1162, amended and superseded on other grounds, 970 F.2d 512 (9th Cir.1992).
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