No. 21-1462

Cheryl Griffith v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Eleventh Circuit
Docketed: 2022-05-19
Status: Denied
Type: Paid
Response Waived
Tags: attorney-fees blum-v-stenson contract-principles fee-shifting fees-and-costs johnson-v-georgia-hwy-exp-inc market-rates prevailing-market-rate prevailing-party settlement-agreement statutory-fee-shifting statutory-interpretation
Key Terms:
Arbitration SocialSecurity ERISA EmploymentDiscrimina JusticiabilityDoctri Jurisdiction
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Whether a settlement in a case covered by statutory fee shifting provisions requires fees to be determined under Blum v. Stenson's prevailing market rate or under contract principles in Johnson v. Georgia Hwy. Exp. Inc.

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a settlement in a case covered by statutory fee shifting provisions under terms entitling plaintiffs attorneys to reasonable fees and costs as determined by a judge requires fees to be determined: a) under Blum v. Stenson’s prevailing market rate in the relevant community as opposed to fees determined under contract principles in Johnson v. Georgia Hwy. Exp. Inc., 488 F.2d 714 (5th Cir. 1979) capping fees at lower hourly rates; and b) with a right to recover fees and costs incurred in order to obtain fees. i RELATED CASES Griffith v. Department of Veterans Affairs, Case No.: United States District Court, Middle District of Florida, Tampa Division. Griffith v. United States Department of Veterans Affairs, No. 20-14464, U.S. Court of Appeals for the Eleventh Circuit, Opinion entered September 29, 2021. ii

Docket Entries

2022-06-21
Petition DENIED.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-25
Waiver of right of respondent Secretary, Department of Veterans Affairs to respond filed.
2022-05-11
Petition for a writ of certiorari filed. (Response due June 21, 2022)

Attorneys

Cheryl Griffith
Joseph D MagriMerkle, Magri, Meythaler, PA, Petitioner
Secretary, Department of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent