Anderson v. Secretary of Health & Human Services

80 F.3d 1500
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 9, 1996
DocketNos. 94-4160, 94-4237
StatusPublished
Cited by1 cases

This text of 80 F.3d 1500 (Anderson v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Secretary of Health & Human Services, 80 F.3d 1500 (10th Cir. 1996).

Opinion

LOGAN, Circuit Judge.

These consolidated appeals stem from plaintiff Celia Anderson’s Freedom of Information Act (FOIA) case. She appeals in No. 94-4160 the order granting in part and denying in part her application for attorney’s fees and her request for discovery, and in No. 94-4237 the order awarding costs.

I

This litigation is before this court for the third time. Plaintiff originally sued in state court for inj uries allegedly caused by an injection of silicone manufactured by Dow Corning Corporation. To aid in her state suit, plaintiff (through her attorney) made an FOIA request to the Food and Drug Administration (FDA) for information Dow had provided the FDA concerning its development and testing of liquid silicone. The FDA refused plaintiffs request and the Department of Health and Human Services (HHS) affirmed the refusal. Plaintiff then filed an FOIA action, seeking to compel the FDA to disclose the documents. Dow intervened, and argued that the information was confidential and should not be released.

We summarized the later developments in the opinion disposing of the second appeal to this court as follows:

The HHS eventually released some of the information to plaintiff based on [the] decision in Anderson v. Department of Health & Human Services, 907 F.2d 936 (10th Cir.1990) [Anderson I ]. Shortly before the district court was to conduct an in camera inspection of the remaining disputed documents, the HHS released the documents to plaintiff. The HHS explained that Dow had decided not to market liquid silicone commercially and, therefore, was no longer asserting a claim of confidentiality. Dow then moved to dismiss the action as moot.
The district court held a hearing on Dow’s motion, at which plaintiff acknowledged she had received all the requested documents and no substantive controversy as to the documents remained. Plaintiff was concerned, however, that dismissing the case as moot might deprive her of the right to seek attorney’s fees under the FOIA. See 5 U.S.C. § 552(a)(4)(E). The district court assured plaintiff that she could still pursue her fee application even if the merits of the case were dismissed as moot and specifically reserved the fee issue in its final order on the merits.

Anderson v. United States Dept. of Health and Human Services, 3 F.3d 1383, 1384 (10th Cir.1993) (Anderson II). We there affirmed the district court’s finding that the dismissal of the merits of the case as moot did not “negatively impact her right to obtain fees, under the FOIA.” Id. at 1385. We stated that “Ln]ot only may plaintiff pursue her request for attorney’s fees even though the merits of the underlying controversy have become moot, but the court may (and must) refer to the merits of the underlying FOIA action in determining whether she is entitled to fees.” Id. We then declined to address plaintiffs assertion that the district court had abused its discretion in denying her request to conduct discovery in connection with her planned application for attorney’s fees. Because there was no final decision on plaintiffs application for attorney’s fees, the discovery order in relation to the application was interlocutory and not appeal-able. We thus dismissed that portion of the appeal for lack of jurisdiction.

Plaintiff then asserted an attorney’s fee claim for “632.5 hours in attorney’s time, plus 320 hours in paralegal time, computed at reasonable market rates; other litigation costs incurred herein in the amount of $4,215.81; plus an enhancement or ‘lodestar’ based upon the contingent and difficult nature of the lawsuit, in an amount to be determined by the Court.” App. (No. 94-4160) 157-58. She also requested discovery on the attorney’s fee issue, which the district court denied. After a hearing, the district court found plaintiff substantially prevailed; but it reduced significantly the number of hours and hourly rate claimed in the fee application, awarding $20,000, representing 200 [1504]*1504hours of work at $100 per hour. The district court awarded plaintiff some costs under 28 U.S.C. § 1920, but denied her application for additional costs under 5 U.S.C. § 552(a)(4)(E). These decisions are the subject of the instant appeals.

II

Assessment of attorney’s fees in an FOIA case is discretionary with the district court. Aviation Data Serv. v. FAA, 687 F.2d 1319, 1321 (10th Cir.1982).

“We reemphasize that the district court has discretion in determining the amount of a fee award.” Hensley v. Eckerhart, 461 U.S. 424, 437 [103 S.Ct. 1933, 1941, 76 L.Ed.2d 40] (1983). In that process “the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” Id. “It remains important, however, for the district court to provide a concise but clear explanation of its reasons for the fee award.” Id. Such explanations must “give us an adequate basis for review.” Ramos [v. Lamm ], 713 F.2d [546] at 552 [10th Cir.1983]. And, in reaching their determinations district courts must follow the guidelines established by the Supreme Court and this court. See, e.g., [Pennsylvania v.] Delaware Valley [Citizens’ Council for Clean Air, 478 U.S. 546], 106 S.Ct. 3088 [92 L.Ed.2d 439] [1986]; Blum v. Stenson, 465 U.S. 886 [104 S.Ct. 1541, 79 L.Ed.2d 891 (1984)]; Hensley v. Eckerhart, 461 U.S. 424 [103 S.Ct. 1933, 76 L.Ed.2d 40]; Ramos v. Lamm, 713 F.2d 546. “[T]he benchmark for the awards under nearly all of ... [the statutes awarding fees] is that the attorney’s fee must be ‘reasonable.’ ” Delaware Valley [478 U.S. at 562], 106 S.Ct. at 3096.

Mares v. Credit Bureau of Raton, 801 F.2d 1197, 1201 (10th Cir.1986) (some citations omitted). The lodestar figure — reasonable hours times reasonable rate — is the mainstay of the calculation of a reasonable fee. See Blum, 465 U.S. at 897, 104 S.Ct. at 1548.

We generally defer to the district court’s judgment in reviewing an award of attorney’s fees because it observes the attorney’s work and “has far better means of knowing what is just and reasonable than an appellate court.” Trustees v. Greenough, 105 U.S. 527, 537, 26 L.Ed. 1157 (1882). We will reverse the district court’s attorney’s fee award only if it is an abuse of discretion. Homeward Bound, Inc. v.

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Anderson v. Secretary Of Health And Human Services
80 F.3d 1500 (Tenth Circuit, 1996)

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