38 Fair empl.prac.cas. 1314, 38 Empl. Prac. Dec. P 35,496 Geraldine Hall v. William F. Bolger, in His Capacity as Postmaster Gen. of the United States, 768 F.2d 1148 (9th Cir. 1985). · Go Syfert
38 Fair empl.prac.cas. 1314, 38 Empl. Prac. Dec. P 35,496 Geraldine Hall v. William F. Bolger, in His Capacity as Postmaster Gen. of the United States, 768 F.2d 1148 (9th Cir. 1985). Cases Citing This Book View Copy Cite
93 citation events (28 in the last 25 years) across 9 distinct courts.
Strongest positive: Gpp, Inc. v. Guardian Protection Products, Inc. (ca9, 2025-01-21)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Gpp, Inc. v. Guardian Protection Products, Inc.
9th Cir. · 2025 · confidence medium
“A district court’s award of attorney fees is generally subject to an abuse of discretion standard of review on appeal.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985).
discussed Cited as authority (rule) Doc's Dream, LLC v. Dolores Press, Inc.
9th Cir. · 2020 · confidence medium
However, “‘any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.’” Id. (quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985)).
discussed Cited as authority (rule) Marguerite Hiken v. Department of Defense (2×)
9th Cir. · 2016 · confidence medium
The district court must “provide a . . . detailed account of how it arrives at appropriate figures for ‘the number of hours reasonably expended’ and ‘a reasonable hourly rate.’” Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir. 1985) (quoting Blum v. Stenson, 465 U.S. 888 (1984)).
discussed Cited as authority (rule) Automotive Support Group, LLC v. Dale Hightower
6th Cir. · 2012 · confidence medium
And while we generally review the decision to award attorney’s fees and the amount of those fees under an abuse of discretion standard, "any elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985).
examined Cited as authority (rule) Harris v. Maricopa County Superior Court (4×) also: Cited "see, e.g."
9th Cir. · 2011 · confidence medium
Inc., 214 F.3d 1115, 1118 (9th Cir.2000), citing Corder v. Gates, 104 F.3d 247, 249 (9th Cir.1996), quoting Kilgour v. City of Pasadena, 53 F.3d 1007, 1010 (9th Cir.1995), quoting Cabrales v. County of Los Angeles, 935 F.2d 1050, 1051 (9th Cir.1991), quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Vernon Harris v. Maricopa County Superior Court (2×) also: Cited "see, e.g."
9th Cir. · 2011 · confidence medium
Inc., 214 F.3d 1115, 1118 (9th Cir. 2000), citing Corder v. Gates, 104 F.3d 247, 249 (9th Cir. 1996), quoting Kilgour v. City of Pasadena, 53 F.3d 1007, 1010 (9th Cir. 1995), quot- ing Cabrales v. County of Los Angeles, 935 F.2d 1050, 1051 (9th Cir. 1991), quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985).
cited Cited as authority (rule) Gibson v. Office Atty General Off the State of California
9th Cir. · 2009 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985).
discussed Cited as authority (rule) Gibson v. OFFICE OF ATTY. GEN., CALIFORNIA (2×)
9th Cir. · 2009 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Gibson v. Office of the Attorney General
9th Cir. · 2009 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985).
cited Cited as authority (rule) Gibson v. Office of Attorney General
9th Cir. · 2009 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Natural Resources Defense Council, Inc. v. Winter
9th Cir. · 2008 · confidence medium
However, “ ‘any elements of legal analysis and statutory interpretation which figure in the district court’s decision are renewable de novo.’ ” Cabrales v. County of Los Angeles, 935 F.2d 1050, 1052 (9th Cir.1991) (quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985)).
discussed Cited as authority (rule) Nrdc v. Winter
9th Cir. · 2008 · confidence medium
However, “ ‘any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.’ ” Cabrales v. County of Los Angeles, 935 F.2d 1050, 1052 (9th Cir. 1991) (quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985)).
discussed Cited as authority (rule) Prison Legal News v. Schwarzenegger
N.D. Cal. · 2008 · confidence medium
The Supreme Court has recognized that, while it is appropriate for the district court to exercise its discretion in determining an award of attorneys’ fees, it remains important for the court to provide “a concise but clear explanation of its reasons for the fee award.” Hensley v. Eckerhart, 461 U.S. 424, 437 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983); Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985) (in computing an award, the district court should provide a “detailed *1101 account of how it arrives at appropriate figures for ‘the number of hours reasonably expended’ and ‘a reaso…
cited Cited as authority (rule) MW Builders, Inc. v. Safeco Insurance Co. of America
9th Cir. · 2008 · confidence medium
“However, any elements of legal analysis ... are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Thomas v. City of Tacoma
9th Cir. · 2005 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) (“[A]ny elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.”).
cited Cited as authority (rule) Thomas v. City Of Tacoma
9th Cir. · 2005 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) ("[A]ny elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo. ").
discussed Cited as authority (rule) J.C. ex rel. C. v. Regional School District 10, Board of Education
2d Cir. · 2002 · confidence medium
Activities Ass’n, 103 F.3d 720, 723 (8th Cir.1997); Child v. Spillane, 866 F.2d 691 , 692 n. 1 (4th Cir.1989); Disabled in Action of Pa. v. Pierce, 789 F.2d 1016 , 1018-19 (3d Cir.1986); Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985); Jones v. Ill.
discussed Cited as authority (rule) Brenda Norris v. Sysco Corporation, a Texas Corporation,and Allied-Sysco Food Services, Inc., a California Corporation, Brenda Norris v. Sysco Corporation, a Texas Corporation, and Allied-Sysco Food Services, Inc., a California Corporation, Brenda Norris v. Sysco Corporation, a Texas Corporation, and Allied-Sysco Food Services, Inc., a California Corporation
9th Cir. · 1999 · confidence medium
Ed. 2d 40 (1983); Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir. 1985)."However, we review de novo any elements of legal analysis which figure in the district court's decision." Corder v. Gates, 104 F.3d 247, 249 (9th Cir. 1996); Hall, 768 F.2d at 1150 .
cited Cited as authority (rule) Norris v. Sysco Corp.
9th Cir. · 1999 · confidence medium
See Hensley v. Eckerhart, 461 U.S. 424, 437 , 103 S.Ct. 1933, 1941 , 76 L.Ed.2d 40 (1983); Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
9th Cir. · 1997 · confidence medium
However, “[A]ny elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
9th Cir. · 1997 · confidence medium
However, "[A]ny elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Fantasy, Inc., Cross-Appellee v. John C. Fogerty
9th Cir. · 1996 · confidence medium
II We review the district court’s decision to award attorney’s fees under the Copyright Act for an abuse of discretion, Maljack Productions v. GoodTimes Home Video Corp., 81 F.3d 881, 889 (9th Cir.1996), but “any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo,” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Loretta J. Brokeshoulder SCHWARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee
9th Cir. · 1995 · confidence medium
But “any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Dayton Haworth v. State of Nevada, Dayton Haworth v. State of Nevada
9th Cir. · 1995 · confidence medium
Id. (quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985)).
discussed Cited as authority (rule) Mattie Holland Dan Holland v. Daren Roeser City of Portland
9th Cir. · 1994 · confidence medium
“However, ‘any elements of legal analysis and statutory interpretation which figure in the district court’s decisions are reviewed de novo.’” Oviatt v. Pearce, 954 F.2d 1470, 1481 (9th Cir.1992) (quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985)).
cited Cited as authority (rule) Clarence Larkins v. Delta Air Lines, Inc., a Delaware Corporation, Clarence Larkins v. Delta Air Lines, Inc., a Delaware Corporation
9th Cir. · 1994 · confidence medium
However, we review de novo "any elements of legal analysis and statutory interpretation which figure in the district court's decisions." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Calvin G. Wright Jack Critchfield Desert Forest Products, Inc., D/B/A Hutchinson, Carter Company v. U.S. Postal Service
9th Cir. · 1994 · confidence medium
This provision “constitutes a broad waiver of [the] USPS’s sovereign immunity, and subjects it to ‘liability ... the same as any other business.’” Hall v. Bolger, 768 F.2d 1148,1151 (9th Cir.1985) (quoting Franchise Tax Bd. v. United States Postal Serv., 467 U.S. 512, 520 , 104 S.Ct. 2549, 2554 , 81 L.Ed.2d 446 (1984)).
cited Cited as authority (rule) Lillian Corder Roberta Lombardo v. Roy Brown
9th Cir. · 1994 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) United States v. John Woodley, United States of America v. John Woodley
9th Cir. · 1993 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Homeward Bound, Inc. v. Hissom Memorial Center
10th Cir. · 1992 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985).
cited Cited as authority (rule) Homeward Bound, Inc. v. Hissom Memorial Center
10th Cir. · 1992 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985).
discussed Cited as authority (rule) Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah County, Kim Clay Oviatt, by and Through His Conservator, Sr. Maria Francis Waugh v. Fred Pearce, Sheriff Multnomah County
9th Cir. · 1992 · confidence medium
However, "any elements of legal analysis and statutory interpretation which figure in the district court's decisions are reviewed de novo." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) (citations omitted). 52 Section 1988 authorizes the district courts to award a reasonable attorney's fee to prevailing parties in civil rights litigation. 42 U.S.C. § 1988 .
discussed Cited as authority (rule) Oviatt ex rel. Waugh v. Pearce
9th Cir. · 1992 · confidence medium
However, “any elements of legal analysis and statutory interpretation which figure in the district court’s decisions are reviewed de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) (citations omitted).
cited Cited as authority (rule) Bouman v. Block
9th Cir. · 1991 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Susan B. Long, and Philip H. Long v. United States Internal Revenue Service, Bureau of Economic Analysis, and United States Department of Commerce
9th Cir. · 1991 · confidence medium
Finally, in order for us to review a district court’s determination of a fee award, “the district court should provide a ‘detailed account of how it arrives at appropriate figures for the “number of hours reasonably expended” and a “reasonable hourly rate.” ’ ” Chalmers v. City of Los Angeles, 796 F.2d 1205, 1211 (9th Cir.1986) (quoting Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985) (quoting Blum, 465 U.S. at 898, 104 S.Ct. at 1548)), amended, 808 F.2d 1373 (9th Cir.1987).
discussed Cited as authority (rule) Josefina Cabrales v. County of Los Angeles Ronald Black
9th Cir. · 1991 · confidence medium
Standard of Review While awards of attorney’s fees pursuant to 42 U.S.C. § 1988 are generally reviewed for abuse of discretion, see Hensley v. Eckerhart, 461 U.S. 424, 437 , 103 S.Ct. 1933, 1941 , 76 L.Ed.2d 40 (1983), “any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Salvatore D'EmanuElE v. Montgomery Ward & Co., Inc., Long Term Disability Plan & Trust Montgomery Ward & Company, Inc. (2×)
9th Cir. · 1990 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1151 (9th Cir.1985).
discussed Cited as authority (rule) State of Idaho v. United States
9th Cir. · 1989 · confidence medium
Keith v. Volpe, 833 F.2d 850, 854 (9th Cir.1987) ("[A]ny elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo"), quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Rufus E. Cunningham v. County of Los Angeles, and Richard Eiden, Real-Party-In-Interest-Appellant
9th Cir. · 1989 · confidence medium
This discretion is circumscribed by the pronouncements of the Supreme Court and this Circuit, Jordan, 815 F.2d at 1261 , and “any elements of legal analysis and statutory interpretation which figure in the district court’s decisions are reviewed de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Rufus E. Cunningham v. County of Los Angeles, and Richard Eiden, Real-Party-In-Interest-Appellant
9th Cir. · 1989 · confidence medium
This discretion is circumscribed by the pronouncements of the Supreme Court and this Circuit, Jordan, 815 F.2d at 1261 , and “any elements of legal analysis and statutory interpretation which figure in the district court’s decisions are reviewed de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Rufus E. Cunningham v. County of Los Angeles, and Richard Eiden, Real-Party-In-Interest-Appellant
9th Cir. · 1988 · confidence medium
This discretion is circumscribed by the pronouncements of the Supreme Court and this Circuit, Jordan, 815 F.2d at 1261 , and “any elements of legal analysis and statutory interpretation which figure in the district court’s decisions are reviewed de novo." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
cited Cited as authority (rule) Patton v. County of Kings
9th Cir. · 1988 · confidence medium
Further, “any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Patton v. County of Kings
9th Cir. · 1988 · confidence medium
Further, "any elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).DISCUSSION I. 8 The mere fact that a defendant prevails does not automatically support an award of fees.
discussed Cited as authority (rule) Idaho ex rel. Soward v. United States
9th Cir. · 1988 · confidence medium
Keith v. Volpe, 833 F.2d 850, 854 (9th Cir.1987) (“[A]ny elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo”), quoting Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
discussed Cited as authority (rule) Keith v. Volpe
9th Cir. · 1987 · confidence medium
“However, any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) (citation omitted).
discussed Cited as authority (rule) Keith v. Volpe
9th Cir. · 1987 · confidence medium
"However, any elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo." Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985) (citation omitted).
cited Cited as authority (rule) Samuel Perez, Etc., Martha Beatriz Sanchez Perez v. The United States of America
5th Cir. · 1987 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1151-52 (9th Cir.1985) (handicapped discrimination action). 32 .
cited Cited as authority (rule) Franklin L. Miller v. Los Angeles County Board of Education and Stuart E. Gothold, Los Angeles County Superintendent of Schools
9th Cir. · 1987 · confidence medium
Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).
Retrieving the full opinion text from the archive…
38 Fair empl.prac.cas. 1314, 38 Empl. Prac. Dec. P 35,496 Geraldine Hall
v.
William F. Bolger, in His Capacity as Postmaster General of the United States
83-2541.
Court of Appeals for the Ninth Circuit.
Aug 19, 1985.
768 F.2d 1148
Cited by 2 opinions  |  Published

768 F.2d 1148

38 Fair Empl.Prac.Cas. 1314,
38 Empl. Prac. Dec. P 35,496
Geraldine HALL, Plaintiff-Appellee,
v.
William F. BOLGER, in his capacity as Postmaster General of
the United States, Defendant-Appellant.

No. 83-2541.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted April 8, 1985.
Decided Aug. 19, 1985.

John H. Erickson, Leigh-Ann K. Miyasato, Erickson, Beasley & Hewitt, San Francisco, Cal., for plaintiff-appellee.

Carlene V. McIntyre, Atty., Dept. of Justice, Washington, D.C., for defendant-appellant.

Appeal from the United States District Court for the Northern District of California.

Before SCHROEDER, NELSON, and REINHARDT, Circuit Judges.

NELSON, Circuit Judge:

[*~1148]1

William F. Bolger, in his capacity as Postmaster General of the United States, appeals from the district court's order awarding attorney fees, enhanced by a 1.5 multiplier factor, plus interest on those fees, to appellee Geraldine Hall. While we affirm the district court's finding that an award of interest was appropriate, we must vacate that award so that the interest compounding method may be corrected. We also vacate the attorney fee award and remand for reconsideration in light of recent Supreme Court pronouncements.

FACTUAL AND PROCEDURAL BACKGROUND

2

Geraldine Hall applied in October 1978 for a job with the United States Postal Service ("USPS"), but was rejected because of her medical history. On appeal, USPS rescinded its finding of medical unsuitability, but its offer to restore Hall to the employment waiting list treated her as a new applicant and placed her behind hundreds of job seekers who had applied in the interim. When no action was taken on her June 26, 1981 formal administrative complaint with USPS on grounds of sex and handicap discrimination, Hall filed a complaint in district court on December 24, 1981 alleging discrimination by USPS by reason of her handicap, in violation of 29 U.S.C. Sec. 791 and 29 C.F.R. Sec. 1613.703. She sought employment, back pay and benefits, retroactive seniority, attorney fees, and costs.

3

Settlement negotiations occurred during the pretrial period. First, on December 22, 1982, USPS made an unconditional offer of employment to Hall, who accepted and began working on January 10, 1983. Then, in April 1983, the parties stipulated to a compromise settlement providing Hall with $25,000 in back pay (subject to tax and retirement deductions), a service computation date of December 27, 1980 (for purposes of leave, retirement, and layoff), and reasonable attorney fees, costs, and expenses.

4

When the parties could not agree on the precise amount of attorney fees, Hall's counsel submitted to the district court an application for an award of costs and reasonable attorney fees, pursuant to the settlement agreement. After a hearing, the district court, on August 23, 1983, awarded the full amount of the fee request ($38,178.75), plus postjudgment interest, at the rate of "10.25% per annum, compounded daily, in accordance with the Federal Courts Improvement Act of 1982," 28 U.S.C. Sec. 1961. The order was amended on September 1, 1983, to provide for $1,180.22 in costs.

5

The award of attorney fees included a basic "lodestar" amount of $25,452.50, computed by multiplying the applicants' suggested hourly rates times the number of hours which they claimed to have expended on Hall's claim, plus an additional enhancement of 50% ($12,726.25) because of both the results obtained in the litigation and the contingency fee basis on which counsel had agreed to represent Hall.

6

Bolger contends on appeal that the attorney fees award was unreasonable, and that the award of interest on those fees was barred by principles of sovereign immunity.

STANDARD OF REVIEW

7

A district court's award of attorney fees is generally subject to an abuse of discretion standard of review on appeal. E.g., Jones v. Giles, 741 F.2d 245, 250 (9th Cir.1984). This standard applies "not only to the basic fee but also to multipliers." Harmon v. San Diego County, 736 F.2d 1329, 1331 (9th Cir.1984); see also Blum v. Stenson, 465 U.S. 886, ----, 104 S.Ct. 1541, 1547, 79 L.Ed.2d 891 (1984). However, any elements of legal analysis and statutory interpretation which figure in the district court's decision are reviewable de novo. See, e.g., Foster v. Tourtellotte, 704 F.2d 1109, 1111 (9th Cir.1983) (per curiam); see also Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983) (while the district court has discretion in making the equitable judgments involved in setting a fee award, this discretion "must be exercised in light of the [legal] considerations ... identified" by the Court).

[*~1149]8

We review de novo the district court's award of interest on the attorney fees, because the issue turns on sovereign immunity principles of law. See, e.g., Shaw v. Library of Congress, 747 F.2d 1469 (D.C.Cir.1984).

DISCUSSION

I. ATTORNEY FEES COMPUTATION

9

In computing the initial "lodestar" part of the fee award, the district court accepted Hall's figures concerning hours spent by counsel and suggested hourly fee rates. Apparently believing that the lodestar calculation should be based upon a consideration of the twelve factors listed in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir.1975), cert. denied sub nom. Perkins v. Screen Extras Guild, Inc., 425 U.S. 951, 96 S.Ct. 1726, 48 L.Ed.2d 195 (1976), the district court factored into its lodestar not only the number of hours reasonably expended by counsel and reasonable hourly rates, but also other factors such as the complexity of the case and the contingent nature of the fee. It then adjusted the lodestar upward by 50% because the case "was taken on a contingency fee basis" and "the results obtained ... were excellent." Included was a summary recitation of the benefits obtained by Hall in the settlement agreement.

10

The law in this area "has grown so fast and become so complex that it has baffled the efforts of courts and lawyers to comprehend and apply it." Laffey v. Northwest Airlines, Inc., 746 F.2d 4, 11 (D.C.Cir.1984) (quoting Cutler, Forward to 1 M. Derfner & A. Wolf, Court Awarded Attorney Fees vii (1983) ), petition for cert. filed, --- U.S. ----, 105 S.Ct. 3488, 87 L.Ed.2d 622 (1985).

11

The Supreme Court has attempted in two recent opinions to impose some coherence on the diaspora of case law. Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983); Blum v. Stenson, 465 U.S. 886, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984). Although these two cases concerned fees awarded under 42 U.S.C. Sec. 1988, their reasoning applies to the awards in the present case, which are authorized under 29 U.S.C. Sec. 794a(b) and 42 U.S.C. Sec. 2000e-5(k). See Hensley, 461 U.S. at 433 n. 7, 103 S.Ct. at 1939 n. 7 ("The standards set forth in this opinion are generally applicable in all cases in which Congress has authorized an award of fees to a 'prevailing party.' "); see also Jones v. Illinois Department of Rehabilitation Services, 689 F.2d 724, 730 n. 8 (7th Cir.1982) ("Section 794a fee awards are governed by the same considerations controlling in Sec. 1988 actions.").

12

We vacate the district court's award of attorney fees and remand for reconsideration in light of Hensley, Blum, and those recent decisions which have construed these authorities. We also emphasize that "[i]t remains important ... for the district court to provide a concise but clear explanation of its reasons for the fee award." Hensley, 461 U.S. at 437, 103 S.Ct. at 1941.

13

The district court should recompute the lodestar portion of the award and provide a more detailed account of how it arrives at appropriate figures for "the number of hours reasonably expended" and "a reasonable hourly rate." Blum, 465 U.S. at ----, 104 S.Ct. at 1544.

14

The upward adjustment (the multiplier) should also be reconsidered by the district court. If a fee enhancement is granted, the court should explain with particularity its reasons for finding that there are factors, not already subsumed within the initial lodestar calculation, see Hensley, 461 U.S. at 434 n. 9, 103 S.Ct. at 1940 n. 9, which support a conclusion that Hall has achieved the "exceptional success" which makes hers one of the "rare case[s] in which an upward adjustment to the presumptively reasonable fee of rate times hours is appropriate...." Blum, 465 U.S. at ----, 104 S.Ct. at 1548, 1550 n. 18.

II. INTEREST

A. Assessment

[*~1150]15

We find that the district court's addition of postjudgment interest to its award of attorney fees was not barred by principles of sovereign immunity. While the United States enjoys a broad general sovereign immunity from interest on judgments entered against it, Congress may expressly waive this immunity. See, e.g., Shaw v. Library of Congress, 747 F.2d 1469, 1475 (D.C.Cir.1984) (citing cases); Arvin v. United States, 742 F.2d 1301, 1302 (11th Cir.1984). And Congress has waived this immunity, with respect to awards of postjudgment interest against USPS, by way of 39 U.S.C. Sec. 401(1), which provides that the Postal Service may "sue and be sued in its official name." Milner v. Bolger, 546 F.Supp. 375, 381 (E.D.Cal.1982); White v. Bloomberg, 501 F.2d 1379, 1386 (4th Cir.1974); Cross v. United States Postal Service, 733 F.2d 1327, 1332 (8th Cir.1984) (en banc) (Arnold, J., dissenting) (equally divided court), cert. denied, --- U.S. ----, 105 S.Ct. 1750, 84 L.Ed.2d 815 (1985). But see id. at 1329-30 & n. 3 (refusing to apply 39 U.S.C. Sec. 401(1) because underlying cause of action arose under Title VII).

16

Section 401(1) constitutes a broad waiver of USPS's sovereign immunity, and subjects it to "liability ... the same as any other business." Franchise Tax Board v. United States Postal Service, --- U.S. ----, ----, 104 S.Ct. 2549, 2554, 81 L.Ed.2d 446 (1984). USPS "is not less amenable to judicial process than a private enterprise under like circumstances would be," FHA v. Burr, 309 U.S. 242, 245, 60 S.Ct. 488, 490, 84 L.Ed. 724 (1940), quoted in Franchise Tax Board, --- U.S. at ----, 104 S.Ct. at 2553, and it is subject by virtue of the "sue and be sued" clause to all "the natural and appropriate incidents of legal proceedings." Reconstruction Finance Corp. v. J.G. Menihan Corp., 312 U.S. 81, 85, 61 S.Ct. 485, 487, 85 L.Ed. 595 (1941).

17

Bolger's arguments in support of USPS immunity to postjudgment interest awards are without merit. He contends that the Judiciary and Judicial Procedure code's general interest provision, 28 U.S.C. Sec. 1961, does not constitute an all-encompassing waiver of United States immunity to liability for interest. But the absence of a global waiver is of no consequence, because we find that in another statute, 39 U.S.C. Sec. 401(1), Congress has authorized USPS in particular to pay interest on judgments. In addition, the cases from the Court of Claims which Bolger urges us to follow, e.g., Coley Properties Corp. v. United States, 593 F.2d 380 (Ct.Cl.1979), are not apposite; litigation in that forum must conform to a special interest-restricting statute, 28 U.S.C. Sec. 2516(a), which does not bind us in the present case. We uphold the district court's determination that an award of interest was appropriate.

B. Computation

18

The district court added interest "in the amount of 10.25% per annum, compounded daily, in accordance with the Federal Courts Improvement Act of 1982," 28 U.S.C. Sec. 1961. Because section 1961(b) provides that interest "shall be compounded annually" and not daily, the interest compounding provision should be corrected in the new district court order concerning attorney fees and costs which will issue on remand.

CONCLUSION

19

We vacate the district court's order awarding attorney fees, and remand for reconsideration and more detailed explanation in light of recent Supreme Court precedent. We also vacate that part of the judgment awarding interest on the attorney fees award, but only so that the district court may correct the provision for compounding interest.

[*~1151]20

VACATED and REMANDED.