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Breaking News
Posted on Friday, March 26 @ 12:49:28 MDT
Topic: Club News
Club NewsWe just got a message from TRA/NAR legal counsel Marty Malsch, informing us that the court had ruled on the TRA/NAR fees recovery motion. It appears the court will grant fees recovery, but only for the legal costs after the remand back to the District Court:


ORDER granting in part and denying in part [117] Motion for Attorney Fees; granting [123] Motion for Leave to File. For the reasons stated in the accompanying Memorandum Opinion, the plaintiffs' motion for fees and costs is granted for fees and costs incurred in the litigation subsequent to the Circuit Court's remand, and denied for fees and costs incurred prior to remand; the plaintiffs' motion for leave to supplement their motion for fees and costs is granted; and the plaintiffs shall file an amended calculation of costs by April 16, 2010, and the defendants may respond to the plaintiffs calculation by April 30, 2010. Signed by Judge Reggie B. Walton on 03/26/10. (lcrbw2)


Marty will be working on the calculation. In his message to Trip Barber and me, he stated:

"We are entitled to fees, but only for expenditures after the D.C. Circuit's remand (including $ spent for the fee motion itself), and we won't get enhanced rates. We'll have to do a revised calculation to see how much we'll get."

While we had hoped for the whole legal effort's costs, and at an enhanced rate, the court ruled in this manner, presumably consistent with Judge Walton's interpretation of the guidelines for legal fees recovery from a Federal agency. These, as I understand them, do permit an amount of interpretative latitude by the court. I'll provide further details when I have them.

Ken Good
TRA President

 
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2006 NCR Annual Meeting - 1/14/06


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