Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human Services
- Decided
- August 31, 1993
- Docket
- 20-1728
- Status
- Published
- Jurisdiction
- Federal
Cited 3,086 timesNo negative treatment found in this library
What later courts said
- noting that “[tjrial courts routinely use their prior experience to reduce hourly rates and the number of hours claimed in attorney fee requests” — Sabella v. Secretary of the Department of Health & Human Services (2009)
- explaining that Special Masters are entitled to use their prior experience in reviewing attorneys’ fees applications — Bitsui v. Secretary of Health and Human Services (2017)
- explaining that special masters are entitled to use their prior experience in reviewing attorneys’ fees applications — Davis v. Secretary of Health and Human Services (2017)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
PLAGER, Circuit Judge.
Appellant Secretary of the Department of Health and Human Services (HHS or government) appeals the Court of Federal Claims’ [1] award of attorneys’ fees in a vaccine case.
Saxton v. Secretary of Dep’t Health & Human Servs., No. 90-2249V (Cl.Ct. Aug. 7, 1992) (Saxton/CFC). The Saxtons, petitioners-appellees, filed a petition for compensation that was later voluntarily withdrawn. The special master granted their attorneys’ request for fees and costs but awarded only half the amount requested. On appeal, the Court of Federal Claims found the fee award to be arbitrary because the special master had relied on his prior experiences with these attorneys, and the court awarded the full amount requested. We reverse because the Court of Federal Claims committed legal error, and remand for entry of judgment in accordance with the special master’s decision.
Statutes cited
Cite this
Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human Services, 3 F.3d 1517 (1993)Read the full opinion
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