Ashton v. Pierce’s Empirical Analysis
1984
Citation profile
2 federal appellate · 7 district ·
How this case has been cited
Cited by 18 later decisions — most recently March 2011
2 federal appellate · 7 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1920 · 28 U.S.C. § 2412 · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on Hensley v. Eckerhart · Action on Smoking & Health v. Civil Aeronautics Board · Berman v. Schweiker · Jordan v. United States Department of Justice · 531 F. Supp. 1149 - Berman v. Schweiker
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]ees are to be based on the prevailing market rate for the kind and quality of services rendered. However, no attor ney or agent may be compensated at a rate in excess of $75 per hour unless special factors justify a higher fee. Such factors would include, but are not limited to, an increase in the cost of living or a limited availability of qualified attorneys with expertise in the particular proceedings involved. The ceiling on attorney fees relates only to the compensation of lawyers or agents (e.g., accountants themselves). It does not include their overhead expenses or other costs connected with their representation of a particular interest in a proceeding.”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Bowen“It is now accepted that lawyers who prevail in these cases may be entitled to be paid a reasonable fee for services which are still somewhat euphemistically referred to as “pro bono ”. Attorneys hope to receive and usually request out-of-pocket expenses and a handsome profit. Often the government is asked to pay for the “learning experiences” of coveys of junior associates and other assistants assigned to a case to break the tedium of everyday practice.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.