Efrain MacEira v. Luis Enrique Pagan, Local 901, Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 698 F.2d 38 (1st Cir. 1983). · Go Syfert
Efrain MacEira v. Luis Enrique Pagan, Local 901, Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 698 F.2d 38 (1st Cir. 1983). Cases Citing This Book View Copy Cite
“where it is unreasonable to select a higher priced outside attorney -- as, for civil no. 21-1605 (ram) 18 example, in an ordinary case requiring no specialized abilities not amply reflected among local lawyers -- the local rate is the appropriate yardstick.”
164 citation events (85 in the last 25 years) across 30 distinct courts.
Strongest positive: Carrero v. Molina Healthcare of Puerto Rico, Inc. (prd, 2024-06-18)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Carrero v. Molina Healthcare of Puerto Rico, Inc. (3×) also: Cited as authority (rule), Cited "see"
D.P.R. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
where it is unreasonable to select a higher priced outside attorney -- as, for civil no. 21-1605 (ram) 18 example, in an ordinary case requiring no specialized abilities not amply reflected among local lawyers -- the local rate is the appropriate yardstick.
examined Cited as authority (verbatim quote) Continental Casualty Company v. Caramadre
D.R.I. · 2020 · quote attribution · 1 verbatim quote · confidence high
f the client needs to go to a different city to find that specialist, he will expect to pay the rate prevailing in that city. in such a case, there is no basis for concluding that the specialist's ordinary rate is unreasonably high.
discussed Cited as authority (rule) Elías Sánchez-Sifonte et al. v. Josue Fonseca, et al.
D.P.R. · 2026 · confidence medium
The appropriate rate is usually “that prevailing in the community for similar work” done by “lawyers of like qualifications, experience, and competence.” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983) (citation omitted); Pérez-Sosa, 22 F.4th at 321 (citation omitted).
discussed Cited as authority (rule) Puerto Rico Soccer League NFP, Corp. v. Federacion Puertorriquena de Futbol
D.P.R. · 2025 · confidence medium
The appropriate rate is usually “that prevailing in the community for similar work” done by “lawyers of like qualifications, experience, and competence.” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983) (citation omitted); Pérez-Sosa, 22 F.4th at 321 (citation omitted).
cited Cited as authority (rule) United States v. Humana Inc
W.D. Ky. · 2025 · confidence medium
Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir. 1982); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983).
discussed Cited as authority (rule) Urban v. Zurich American Insurance Company
D. Mass. · 2025 · confidence medium
See, e.g., id. (upholding a fee award reduction where “the simplicity of the case rendered the fees excessive and warranted a reduction for over-lawyering”); Pérez-Sosa v. Garland, 22 F.4th 312 , 329-332 (1st Cir. 2022) (upholding a fee award reduction for vague entries and overbilling); Matalon v. Hynnes, 806 F.3d 627, 638 (1st Cir. 2015) (reaffirming that clerical and secretarial tasks should not “be billed at lawyers’ rates, even if a lawyer performs them”); Castaneda-Castillo v. Holder, 723 F.3d 48, 80 (1st Cir. 2013) (re-emphasizing that the assignment of multiple attorneys to …
cited Cited as authority (rule) Globe Contracting v. Hour
Utah Ct. App. · 2025 · confidence medium
See, e.g., Smith v. Freeman, 921 F.2d 1120, 1122 (10th Cir. 1990); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983); Clark v. Phillips, 965 F. Supp. 331, 336 (N.D.N.Y. 1997).
discussed Cited as authority (rule) Klopfenstein v. Fifth Third Bank
S.D. Ohio · 2025 · confidence medium
“When fees are sought for an out-of-town specialist, courts must determine (1) whether hiring the out- 3As the Sixth Circuit recognized when this case was on appeal: “Fifth Third is a state- chartered, federally insured bank headquartered in Ohio, with branches in several states, including Ohio, Michigan, Kentucky, and Tennessee.” In re Fifth Third Early Access Cash Advance Litig., 925 F.3d 265, 269-270 (6th Cir. 2019). of-town specialist was reasonable in the first instance, and (2) whether the rates sought by the out-of-town specialist are reasonable for an attorney of his or her degre…
discussed Cited as authority (rule) United States v. Cardozo (2×) also: Cited "see"
1st Cir. · 2023 · confidence medium
But it seems likely that she retained her New York counsel at a time when she lived in New York. - 23 - 182, 183-84, 191 (2d Cir. 2008) (concluding, in Voting Rights Act context, that recovery for fees for out-of-district attorneys who charged higher hourly rates than local counsel would be allowed so long as retention of out-of-district attorneys was "reasonable under the circumstances"); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983) (explaining, in context of Landrum-Griffin Act, that recovery for fees of out-of-town attorneys who charge higher rates may be reasonable if those attorneys …
cited Cited as authority (rule) The Board of Trustees v. ILA Local 1740, AFL-CIO
D.P.R. · 2022 · confidence medium
Maceira v. Pagan, 698 F.2d 38, 41 (1st Cir. 1983).
discussed Cited as authority (rule) WITHAM v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
D. Me. · 2020 · confidence medium
Although “there is no hard-and-fast rule establishing what percentage of an attorney’s standard billing rate is appropriate for travel time,” Hutchinson, 636 F.3d at 15 , courts in this Circuit have frequently found a one-half rate to be appropriate, see, e.g., Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983); United States ex rel.
cited Cited as authority (rule) Heien v. Archstone
1st Cir. · 2016 · confidence medium
Com’n, 847 F.2d 12, 14 (1st Cir.1988) (citing Wojtkowski v. Cade, 725 F.2d 127, 130 (1st Cir.1984)); Maceira v. Pagan, 698 F.2d 38, 39 (1st Cir.1983).
cited Cited as authority (rule) Rishell v. Medical Card System, Inc.
D.P.R. · 2013 · confidence medium
Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Norkunas v. HPT Cambridge, LLC
D. Mass. · 2013 · signal: cf. · confidence medium
See, e.g., Diaz v. Jiten Hotel Mgmt., Inc., 930 F.Supp.2d 319, 321-22 (D.Mass.2013); cf. Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (finding that half of the reasonable regular rate is reasonable travel compensation).
discussed Cited as authority (rule) Rishell v. Medical Card System, Inc. (2×) also: Cited "see"
D.P.R. · 2013 · confidence medium
Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Desena v. Lepage
D. Me. · 2012 · confidence medium
See Williams v. Poulos, Nos. 94-2057 & 94-2058, 1995 WL 281451 at *4 (1st Cir. May 12, 1995) (“[0]ut-of-town rates may be applied if the complexities of a particular case require the particular expertise of non-local counsel.”) (emphasis in original); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Bywaters v. United States (2×)
Fed. Cir. · 2012 · confidence medium
Servs., 722 F.2d 23, 25 (2d Cir.1983) (noting an exception to the forum rule "upon a showing that the special expertise of counsel from a distant district is required”); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) ("If a local attorney could perform the service, a well-informed private client, paying his own fees, would probably hire local counsel at the local, average rate....
examined Cited as authority (rule) McClain v. Lufkin Industries, Inc. (4×)
5th Cir. · 2011 · confidence medium
See Zolfo, Cooper & Co. v. Sunbeam-Oster Co., 50 F.3d 253, 259-60 (3d Cir.1995); Casey v. City of Cabool, Mo., 12 F.3d 799, 805 (8th Cir.1993); Nat’l Wildlife Fed’n v. Hanson, 859 F.2d 313 , 317 (4th Cir.1988); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983); Donnell v. United States, 682 F.2d 240, 252 (D.C.Cir.1982).
discussed Cited as authority (rule) Simmons v. N.Y. City Transit Authority
2d Cir. · 2009 · confidence medium
The complexity and specialized nature 25 of a case may mean that no attorney, with the required 26 skills, is available locally. 27 28 Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768 (7th Cir. 1982); 29 see also Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983); 30 Avalon Cinema Corp. v. Thompson, 689 F.2d 137, 140-41 (8th Cir. -12- 1 1982). 2 Our interpretation of the exception to the forum rule 3 provides a roadmap for district courts to follow, and guidance 4 for litigants, and their counsel, to consider in taking cases and 5 seeking attorney’s fees.
examined Cited as authority (rule) Guillemard-Ginorio v. Contreras (3×) also: Cited "see"
D.P.R. · 2009 · confidence medium
Vieques Conservation and Historical Trust, Inc., 313 F.Supp.2d at 46 (quoting Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983)).
discussed Cited as authority (rule) Esso Standard Oil Co. v. Lopez Freytes
D.P.R. · 2008 · confidence medium
Bogan v. City of Boston, 489 F.3d at 426 (citing Coutin v. Young & Rubicam P.R., Inc., 124 F.3d 331 , 337 n. 3 (1st Cir.1997)). “[A]n out-of-town specialist may be able to command a higher rate for his services if the case requires specialized abilities not amply reflected among local lawyers, or ‘when a specialist was required for the handling of the case and a smaller community does not have one available.’ ” Vieques Conservation & Historical Trust, Inc. v. Martínez, 313 F.Supp.2d 40, 46 (D.P.R.2004) (quoting Maceira v. Pagán, 698 F.2d 38, 40 (1st Cir.1983)).
examined Cited as authority (rule) Guillemard-Ginorio v. Contreras (3×) also: Cited "see"
D.P.R. · 2008 · confidence medium
Vieques Conservation and Historical Trust, Inc., 313 F.Supp.2d at 46 (quoting Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983)).
discussed Cited as authority (rule) Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany & Albany County Board of Elections
2d Cir. · 2008 · confidence medium
See, e.g., Blum, 465 U.S. at 895 , 104 S.Ct. 1541 (emphasizing the importance of using the “market rate” in calculating attorney’s fees); Rum Creek Coal Sales, Inc. v. Caperton, 31 F.3d 169, 175 (4th Cir.1994) (“In circumstances where it is reasonable to retain attorneys from other communities... .the rates in those communities may also be considered.”); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (“If a local attorney could perform the service, a well-informed private client, paying his own fees, would probably hire local counsel at the local, average rate.”); Chrapliwy v. …
discussed Cited as authority (rule) Arbor Hill Concerned Citizens Neighborhood Assoc. v. County of Albany
2d Cir. · 2007 · confidence medium
See, e.g., Blum, 465 U.S. at 895 , 104 S.Ct. 1541 (emphasizing the importance of using the “market rate” in calculating attorney’s fees); Rum Creek Coal Sales, Inc. v. Caperton, 31 F.3d 169, 175 (4th Cir.1994) (“In circumstances where it is reasonable to retain attorneys from other communities ... the rates in those communities may also be considered.”); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (“If a local attorney could perform the service, a well-informed private client, paying his own fees, would probably hire local counsel at the local, average rate.”); Chrapliwy v. …
discussed Cited as authority (rule) Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany
2d Cir. · 2007 · confidence medium
See, e.g., Blum, 465 U.S. at 895 , 104 S.Ct. 1541 (emphasizing the importance of using the “market rate” in calculating attorney’s fees); Rum Creek Coal Sales, Inc. v. Caperton, 31 F.3d 169, 175 (4th Cir.1994) (“In circumstances where it is reasonable to retain attorneys from other communities ... the rates in those communities may also be considered.”); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (“If a local attorney could perform the service, a well-informed private client, paying his own fees, would probably hire local counsel at the local, average rate.”); Chrapliwy v. …
cited Cited as authority (rule) Latin American Music Co. v. Archdiocese of San Juan of the Roman Catholic & Apostolic Church
D.P.R. · 2007 · confidence medium
Id. at 46 (quoting Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983)).
discussed Cited as authority (rule) Rhode Island Medical Society v. Whitehouse (2×)
D.R.I. · 2004 · confidence medium
Yankee Candle Co. v. Bridgewater Candle Co., LLC, 140 F.Supp.2d 111, 123 (D.Mass.2001); see also Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 295 (1st Cir.2001); Maceira v. Pagan, 698 F.2d 38, 39 (1st Cir.1983).
cited Cited as authority (rule) Crosby v. Bowater Inc. Retirement Plan for Salaried Employees of Great Northern Paper, Inc.
W.D. Mich. · 2003 · confidence medium
Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Horney v. Westfield Gage Co. (2×) also: Cited "see"
D. Mass. · 2002 · confidence medium
See Brewster, 3 F.3d at 492 n. 4; Maceira v. Pagan, 698 F.2d 38, 40-41 (1st Cir.1983) (citing cases).
cited Cited as authority (rule) Yankee Candle Co. v. Bridgewater Candle Co., LLC
D. Mass. · 2001 · confidence medium
A reasonable rate is “that prevailing in the community for similar work.” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
cited Cited as authority (rule) Libertad v. Sanchez
D.P.R. · 2001 · confidence medium
Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
cited Cited as authority (rule) Rolland v. Cellucci
D. Mass. · 2000 · confidence medium
See Brewster v. Dukakis, 3 F.3d 488, 492 (1st Cir.1993); Maceira v. Pagan, 698 F.2d 38, 40-41 (1st Cir.1983) (citing cases).
examined Cited as authority (rule) Guckenberger v. Boston University (5×) also: Cited "see", Cited "see, e.g."
D. Mass. · 1998 · confidence medium
The application of either differential or uniform rates is a matter of discretion in the First Circuit, see Maceira v. Pagan, 698 F.2d 38, 40-41 (1st Cir.1983), which may explain why not all cases apply the distinction.
discussed Cited as authority (rule) Wilkes v. Polk County
N.D. Ga. · 1997 · confidence medium
The Court, however, may “consider a different legal market if it appears unlikely that there would be any attorneys in the local market who would be willing to take the case and who would possess sufficient expertise in the area of law involved.” Gay Lesbian Bisexual Alliance v. Sessions, 930 F.Supp. 1492, 1495 (M.D.Ala.1996); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (cited with approval in Cullens, 29 F.3d at 1494 ).
cited Cited as authority (rule) Fusco v. Medeiros
D.R.I. · 1996 · confidence medium
Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir. 1983) (quoting Copeland 641 F.2d at 892); see Blum v. Stenson, 465 U.S. 886, 895 , 104 S.Ct. 1541, 1547 , 79 L.Ed.2d 891 (1984). 166 .
cited Cited as authority (rule) Everett Hadix v. Perry Johnson
6th Cir. · 1995 · confidence medium
Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Kersch v. BOARD OF COUNTY COM'RS OF NATRONA CTY.
D. Wyo. · 1994 · confidence medium
The Court finds the following cases to be instructive in this regard: Chrapliwy v. Uniroyal, Inc., 670 F.2d 760 (7th Cir.1982) (out-of-town rates should be awarded unless defendant shows that a local lawyer was available with the requisite skills to handle the complex and specialized nature of the case); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (affirming award of out-of-town rates to counsel when there was "no evidence" that lawyers of similar expertise and specialization were available in the locality where trial took place); Polk v. NYS Dept. of Corr.
discussed Cited as authority (rule) Pogue v. Allison
D. Wyo. · 1994 · confidence medium
The Court finds the following eases to be instructive in this regard: Chrapliwy v. Uniroyal, Inc., 670 F.2d 760 (7th Cir.1982) (out-of-town rates should be awarded unless defendant shows that a local lawyer was available with the requisite skills to handle the complex and specialized nature of the case); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (affirming award of out-of-town rates to counsel when there was “no evi­dence” that lawyers of similar expertise and specialization were available in the locality where trial took place); Polk v. NYS Dept. of Corr.
discussed Cited as authority (rule) Tennessee Gas Pipeline Co. v. 104 Acres of Land, More or Less, in Providence County
D.R.I. · 1993 · confidence medium
“The reasonable hourly rate is usually stated to be ‘that prevailing in the community for similar work.’ ” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (quoting Copeland v. Marshall, 641 F.2d 880, 892 (D.C.Cir.1980)); see Blum v. Stenson, 465 U.S. 886, 895 , 104 S.Ct. 1541, 1547 , 79 L.Ed.2d 891 (1984).
discussed Cited as authority (rule) Gates v. Deukmejian
9th Cir. · 1993 · confidence medium
See, e.g., McDonald v. Armontrout, 860 F.2d 1456, 1459-60 (8th Cir.1988); Polk v. New York State Dept. of Correctional Servs., 722 F.2d 23, 25 (2d Cir.1983); Louisville Black Officers Org., Inc. v. Louisville, 700 F.2d 268 , 278 (6th Cir.1983); Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982), cert. denied, 461 U.S. 956 , 103 S.Ct. 2428 , 77 L.Ed.2d 1315 (1983); see also National Wildlife Federation v. Hanson, 859 F.2d 313, 317-18 (4th Cir.1988); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983). 77 Defendants attempt to distinguish these cases by arguing that the evidence prese…
discussed Cited as authority (rule) Domegan v. Ponte
1st Cir. · 1992 · confidence medium
In Maceira v. Pagan, _______ _____ 698 F.2d 38, 41 (1st Cir. 1983), we noted that, "while Miles v. _____ Sampson, [ 675 F.2d 5, 9 (1st Cir. 1982),] upon which [appellants] _______ rel[y], indicates the importance of using more than one rate when appropriate, it does not hold that differential rates are always ______ required." Maceira, 698 F.2d at 41 (citing cases) (emphasis in _______ original).
discussed Cited as authority (rule) Gates v. Deukmejian
9th Cir. · 1992 · confidence medium
See, e.g., McDonald v. Armontrout, 860 F.2d 1456, 1459-60 (8th Cir.1988); Polk v. New York State Dept. of Correctional Servs., 722 F.2d 23, 25 (2d Cir.1983); Louisville Black Police Officers Org., Inc. v. Louisville, 700 F.2d 268 , 278 (6th Cir.1983); Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982), cert. denied, 461 U.S. 956 , 103 S.Ct. 2428 , 77 L.Ed.2d 1315 (1983); see also National Wildlife Federation v. Hanson, 859 F.2d 313, 317-18 (4th Cir.1988); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Gates v. Deukmejian
9th Cir. · 1992 · confidence medium
See, e.g., McDonald v. Armontrout, 860 F.2d 1456, 1459-60 (8th Cir.1988); Polk v. New York State Dept. of Correctional Servs., 722 F.2d 23, 25 (2d Cir.1983); Louisville Black Police Officers Org., Inc. v. Louisville, 700 F.2d 268 , 278 (6th Cir.1983); Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982), cert. denied, 461 U.S. 956 , 103 S.Ct. 2428 , 77 L.Ed.2d 1315 (1983); see also National Wildlife Federation v. Hanson, 859 F.2d 313, 317-18 (4th Cir.1988); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983). 78 Defendants attempt to distinguish these cases by arguing that the evidenc…
discussed Cited as authority (rule) Gates v. Deukmejian
9th Cir. · 1992 · confidence medium
See, e.g., McDonald v. Armontrout, 860 F.2d 1456, 1459-60 (8th Cir.1988); Polk v. New York State Dept. of Correctional Servs., 722 F.2d 23, 25 (2d Cir.1983); Louisville Black Officers Org., Inc. v. Louisville, 700 F.2d 268 , 278 (6th Cir.1983); Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768-69 (7th Cir.1982), ce rt. denied, 461 U.S. 956 , 103 S.Ct. 2428 , 77 L.Ed.2d 1315 (1983); see also National Wildlife Federation v. Hanson, 859 F.2d 313, 317-18 (4th Cir.1988); Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Dennis J. Domegan v. Joseph Ponte, (Two Cases) (2×)
1st Cir. · 1992 · confidence medium
In Maceira v. Pagan, 698 F.2d 38, 41 (1st Cir.1983), we noted that, “while Miles v. Sampson, [ 675 F.2d 5, 9 (1st Cir.1982),] upon which [appellants] rel[y], indicates the importance of using more than one rate when appropriate, it does not hold that differential rates are always required.” Maceira, 698 F.2d at 41 (citing cases) (emphasis in original).
examined Cited as authority (rule) Weinberger v. Great Northern Nekoosa Corp. (3×) also: Cited "see, e.g."
D. Me. · 1992 · confidence medium
See id.; Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Mokover v. Neco Enterprises, Inc.
D.R.I. · 1992 · confidence medium
“The reasonable hourly rate is usually stated to be ‘that prevailing in the community for similar work.’ ” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (quoting Copeland, 641 F.2d at 892 ); see Blum v. Stenson, 465 U.S. 886, 895 , 104 S.Ct. 1541, 1547 , 79 L.Ed.2d 891 (1984).
cited Cited as authority (rule) In Re Bank of New England Corp.
Bankr. D. Mass. · 1991 · confidence medium
The debtor or trustee should act as would “a well-informed private client, paying his own fees.” Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983).
discussed Cited as authority (rule) Matter of Cano
Bankr. N.D. Ga. · 1991 · confidence medium
Non-bankruptcy courts also do not provide a clear direction, see, e.g., United States v. State of Washington, 626 F.Supp. 1405 , 1447 n. 23 (W.D.Wash.1985) ($40 per hour); Maciera v. Pagan, 698 F.2d 38, 40 (1st Cir.1983) (V2 of hourly rate); McDonald v. Armontrout, 860 F.2d 1456, 1463 (8th Cir.1988) (V2 of hourly rate); Rose Confections, Inc. v. Ambrosia Chocolate Co., 816 F.2d 381, 396 (8th Cir.1987) (full hourly rate); Craik v. Minnesota State University Board, 738 F.2d 348, 350 (8th Cir.1984) (full hourly rate).
cited Cited as authority (rule) United States v. Metropolitan District Commission, Conservation Law Foundation of New England, Inc.
1st Cir. · 1988 · confidence medium
Wojtkowski v. Cade, 725 F.2d 127, 130 (1st Cir.1984); Maceira v. Pagan, 698 F.2d 38, 39 (1st Cir.1983).
Retrieving the full opinion text from the archive…
Efrain MACEIRA, Et Al., Plaintiffs, Appellees,
v.
Luis Enrique PAGAN, Defendant, Appellee. Local 901, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendant, Appellant
82-1396.
Court of Appeals for the First Circuit.
Jan 18, 1983.
698 F.2d 38
Pedro J. Varela, Hato Rey, P.R., for appellant., Ellis Boal, Detroit, Mich., for appellees.
Campbell, Breyer, Hemphill.
Cited by 101 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 61%
Citer courts: Second Circuit (2)
BREYER, Circuit Judge.

The defendant Teamsters Union Local in the case of Maceira v. Pagan, 649 F.2d 9 (1st Cir.1981), reversing 501 F.Supp. 641 (D.P.R.1980), which was subsequently settled in plaintiffs’ favor, appeals the district court’s award of attorneys’ fees to plaintiffs’ lawyers, Ellis Boal of Detroit and Alejandro Torres-Rivera of San Juan. While all parties recognize the court’s power to award fees to the prevailing party in this Landrum-Griffin Act case, 29 U.S.C. §§ 411 et seq. (1976), see Hall v. Cole, 412 U.S. 1, 93 S.Ct. 1943, 36 L.Ed.2d 702 (1972), the Local claims that the award (as amended) of $53,812.50 to Boal, and $2,078.13 to Torres-Rivera, was too high. We do not believe the district court committed any error of law or abused its discretion. Consequently, we affirm its decision.

The court used the “lodestar” method for calculating a fee. Under that method it first finds the “lodestar,” or reasonable hourly rate for each attorney and for the type of work he or she performed. It may then adjust the “lodestar” up or down to reflect special factors not already taken into account. These factors may include, for example, the contingent nature of the fee, possible delays in payment, unusual quality of representation, and so forth. See, e.g. Miles v. Sampson, 675 F.2d 5 (1st Cir.1982); Furtado v. Bishop, 635 F.2d 915, 920 (1st Cir.1980); Copeland v. Marshall, 641 F.2d 880 (D.C.Cir.1980) (en banc); Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp., 540 F.2d 102 (3d Cir.1976) (en banc) (“Lindy II”); Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161 (3d Cir.1973) (“Lindy I”). Finally, it multiplies the resulting adjusted rate times the number of hours reasonably worked — which may in some cases be less than the hours actually worked. The final figure combines reasonably objective market factors with the court’s own perception of the litigation. It is reviewable only for errors of law or abuse of discretion, Furtado, 635 F.2d at 920. And as the Third Circuit has pointed out, an appellate court will not be over ready to find abuse. “If the district court has applied the correct criteria to the facts of the case, then, it is fair to say that we will defer to its exercise of discretion.” Lindy II, supra, 540 F.2d at 116 (quoting Katz v. Carte Blanche Corp., 496 F.2d 747, 756 (3d Cir.) (en banc), cert. denied, 419 U.S. 885, 95 S.Ct. 152, 42 L.Ed.2d 125 (1974)).

While we would have been helped had the district court set forth the facts supporting its conclusions in somewhat greater detail, see Lindy I, 487 F.2d at 166 n. 9, the record,[*40] when combined with our own knowledge of the case derived from the 1981 appeal, 649 F.2d 8, 9, is sufficient for us properly to evaluate the Local’s claims — particularly since all parties have urged us to determine the correct fee here and not to remand the case. We therefore consider each of the Local’s claims in turn.

First, the Local argues that the district court should not have compensated Boal at a basic “lodestar” rate of $100 per hour, because the prevailing rate in Puerto Rico, at least as of 1979, was “$75 for trial time and $65 an hour for other work performed.” Torres v. Hernandez Colon, Civil No. 78-247 (D.P.R.1979). The Local does not dispute that $100 was Boal’s ordinary Detroit rate. Thus, the issue is whether the court had to award Boal less than his ordinary rate because he was called to work in Puerto Rico, where ordinary rates are lower.

We believe the answer to this question turns on the reasonableness of hiring an out-of-town specialist. The reasonable hourly rate is usually stated to be “that prevailing in the community for similar work,” Copeland, supra, 641 F.2d at 892. However, an out-of-town specialist may be able to command a somewhat higher price for his talents, both because of his specialty and because he is likely to be from a larger city, where rates are higher. Chrapliwy v. Uniroyal, Inc., 670 F.2d 760 (7th Cir.1982). If a local attorney could perform the service, a well-informed private client, paying his own fees, would probably hire local counsel at the local, average rate. If the client hires a local specialist, he will ordinarily pay a premium rate. Where it is unreasonable to select a higher priced outside attorney — as, for example, in an ordinary case requiring no specialized abilities not amply reflected among local lawyers— the local rate is the appropriate yardstick. But, if the client needs to go to a different city to find that specialist, he will expect to pay the rate prevailing in that city. In such a case, there is no basis for concluding that the specialist’s ordinary rate is unreasonably high. If one wishes to be literal, the “prevailing” rate “in the community” for work performed by an outside specialist (where that outside specialist is reasonable) is most likely to be that outside specialist’s ordinary rate, see Copeland, supra, 641 F.2d at 892. If the courts (without cause) award fees at less than that rate, they will tend to prevent those in smaller communities from obtaining the experienced legal counsel they may need, contrary to the policy behind awards of attorneys’ fees to prevailing parties. See, e.g. Hall v. Cole, 412 U.S. 1, 93 S.Ct. 1943, 36 L.Ed.2d 702 (1972); Newman v. Piggie Park Enterprises Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968); Copeland, supra, 641 F.2d at 890. Thus, it is not surprising that the Seventh Circuit concluded that it could be appropriate to award higher fees to those from outside the community, Chrapliwy, supra, and we have found no case suggesting the contrary.

In this case, the litigation at issue involved complex Landrum-Griffin Act issues and it concerned Teamster dissidents; Boal specialized in both these areas. There is no evidence that there were available lawyers with his degree of experience and specialization in Puerto Rico, or, if so, that they charged significantly lower fees. The Local has not shown that plaintiff’s decision to retain Boal was unreasonable. Consequently, we believe the district court could reasonably begin with a $100 per hour figure.

Second, the Local contests the $50 per hour figure used for travel time. The Local suggests' that $35 is appropriate. This figure, however, is roughly half of the $75/$60 that the Local argues is reasonable for non-travel time. Boal has asked the district court for travel compensation at one-half his regular rate. That seems to be the Local’s theory as well. Thus, if $100 per hour is a reasonable regular rate, then in the context of this case and these arguments, $50 per hour is reasonable compensation for travel time.

Third, the Local argues that the district court erred in applying the same $100 hourly rate both to Boal’s trial time and to[*41] his other legal work. However, while Miles v. Sampson, supra, upon which the Local relies, indicates the importance of using more than one rate when appropriate, it does not hold that differential rates are always required. Accord Copeland, 641 F.2d at 892; Furtado, 635 F.2d at 920; King v. Greenblatt, 560 F.2d 1024, 1027 (1st Cir.1977), cert. denied, 438 U.S. 916, 98 S.Ct. 3146, 57 L.Ed.2d 1161 (1978); Perez v. University of Puerto Rico, 600 F.2d 1, 2 (1st Cir.1979). But cf. Palmigiano v. Garrahy, 466 F.Supp. 732, 741 (D.R.I.1979), aff’d, 616 F.2d 598 (1st Cir.1980). In this case, we think the district court could find that Boal’s specialized knowledge and skills in the labor field were as fully engaged in his out of court work as they were in court. Moreover, Boal’s affidavit stated that $100 per hour was his standard rate; there is no suggestion that it applied only to trial time. Indeed, the trial took only seven hours out of the three hundred and ninety-six hours Boal spent on this case. Thus, a differential rate might as easily have worked in Boal’s favor (by requiring a higher compensation for those seven hours) as in favor of the Local. We note the Local has not placed in issue the question of lower rates for such activities as reviewing documents or interviewing witnesses. We find no abuse of the district court’s discretion.

Fourth, the Local attacks the district court’s adjustment of the reasonable hourly rates for both Boal and local counsel Torres-Rivera to reflect the contingent nature of the fee. However, a court may within reasonable limits adjust the hourly rate “to compensate for the risk that the lawsuit would be unsuccessful and that no fee at all would be obtained.” Copeland, 641 F.2d at 892; Furtado, 635 F.2d at 920. Such an adjustment, as the Copeland court recognized, must never duplicate any contingency factor which might already be included in the hourly rate itself. 641 F.2d at 893. Counsel initially requested an adjustment of 2.5. The Local opposed any contingency adjustment. The court picked a factor of 1.25. It seems clear here that at the outset counsel faced a strong likelihood they would not prevail. .They were to represent Teamster dissidents; the law on the major point at issue was unclear; the financial resources available seem to have been limited. An adjustment of 1.25 for “contingency” was not unreasonable.

Finally, the Local opposes the district court’s additional upward adjustment of 1.25, made to reflect the “exemplary quality” of Boal’s work. While such an adjustment is unusual, it can be made if “the representation is unusually good or bad, taking into account the level of skill normally expected of an attorney commanding the hourly rate used to compute the ‘lodestar.’ ” Copeland, 641 F.2d at 893 (emphasis in original). “Moreover, ... where exceptional results are obtained, ... an increase in fee is justifiable.” Id. at 894. We believe that the present case qualifies for upward adjustment under these criteria.

Plaintiff Maceira was dismissed from his position as union steward on December 11, 1979. He and other dissidents filed suit in May 1980, based upon “free expression” and “due process” rights guaranteed by the Landrum-Griffin Act. The district court denied plaintiffs a preliminary injunction. This court reversed the denial. And, by March 1982, plaintiffs had reached a settlement allowing Maceira reinstatement plus $13,000 in damages. The vindication of Maceira’s “free speech” rights benefited the other dissident plaintiffs as well. Maceira’s lawyers were completely successful. The issues were legally difficult. They were well presented and cogently argued on appeal. The affidavits show that the lawyers’ use of time was efficient. Boal requested only one postponement during the entire course of the litigation, and that was to save his clients some expense. In addition, he worked in a distant place, with different customs and with those whose primary language was Spanish, not English. While some of these factors may have been reflected already in Boal’s $100 per hour standard fee, we cannot say that the hourly rate encompassed all of them. In light of all these factors — even taking into account the $100 standard fee — we see no abuse of discretion in the upward adjustment.

[*42] We affirm the decision of the district court. We remand this case to that court for a determination of appropriate legal fees on this appeal. See Souza v. Southworth, 564 F.2d 609, 613-14 (1st Cir.1977). If the parties cannot settle this last mentioned matter, they will provide the district court with appropriate affidavits and records and the district court will make detailed findings to support its conclusion.

Affirmed.