Stephen Ustrak v. James W. Fairman, 851 F.2d 983 (7th Cir. 1988). · Go Syfert
Stephen Ustrak v. James W. Fairman, 851 F.2d 983 (7th Cir. 1988). Cases Citing This Book View Copy Cite
“fee litigation has become a heavy burden on the federal courts. it can turn a simple civil case into two or even more cases-the case on the merits, the case for fees, the case for fees on appeal, the case for fees for proving fees, and so on ad infinitum, or at least ad nauseam.”
374 citation events (179 in the last 25 years) across 41 distinct courts.
Strongest positive: Jimenez v. Illini Precast LLC (wied, 2023-02-06)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Jimenez v. Illini Precast LLC
E.D. Wis. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
fee litigation has become a heavy burden on the federal courts. it can turn a simple civil case into two or even more cases-the case on the merits, the case for fees, the case for fees on appeal, the case for fees for proving fees, and so on ad infinitum, or at least ad nauseam.
examined Cited as authority (verbatim quote) Sommerfield v. City of Chicago (3×) also: Cited as authority (rule), Cited "see, e.g."
N.D. Ill. · 2021 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
almost a week's work is far too much for preparing to argue an appeal in a case involving simple facts, a three-day trial, and legal issues of limited (though not trivial) scope and novelty.
examined Cited as authority (verbatim quote) Smith v. McDonough
Fed. Cir. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a partially prevailing plaintiff should be compensated for the legal expenses he would have borne if his suit had been confined to the ground on which he prevailed plus related grounds within the mean- ing of hensley.
discussed Cited as authority (verbatim quote) Clarson v. Union Recycling & Waste Services, Inc.
N.D. Ill. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
to ensure that this really is the end of the case we direct to submit to the clerk of this court within 15 days a statement of the fees he reasonably incurred in defending against this appeal.
examined Cited as authority (verbatim quote) Charles Anderson v. AB Painting and Sandblasting
7th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a partially prevailing plaintiff should be compensated for the legal expenses he would have borne if his suit had been confined to the ground on which he prevailed plus related grounds within the meaning of hensley.
discussed Cited as authority (verbatim quote) Becovic v. City of Chicago
Ill. App. Ct. · 1998 · quote attribution · 1 verbatim quote · confidence high
factually unrelated claims are treated as separate lawsuits, and therefore if the plaintiff loses on such a claim he is not to be reimbursed for the attorney's fees allocable to it
discussed Cited as authority (verbatim quote) Becovic v. City of Chicago
Ill. App. Ct. · 1998 · quote attribution · 1 verbatim quote · confidence high
factually unrelated claims are treated as separate lawsuits, and therefore if the plaintiff loses on such a claim he is not to be reimbursed for the attorney's fees allocable to it
examined Cited as authority (quoted) DR Distributors, LLC v. 21 Century Smoking, Inc.
N.D. Ill. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
fee petitions are marvels of misplaced ingenuity and thoroughness, . . . reinforcing our impression that lawyers litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue
examined Cited as authority (rule) Reichhart (3×) also: Cited "see"
N.D. Ind. · 2026 · confidence medium
Ill. 2019) (averaging the hourly rates for two attorneys to apply to the hours of compensable time); Ustrak v. Fairman, 851 F.2d 983, 989 (7th Cir. 1988) (implementing a blended rate approach in similar circumstances).
discussed Cited as authority (rule) Lanton v. Ocwen Loan Servicing LLC
S.D. Ohio · 2025 · confidence medium
See, e.g., Rivera, 477 U.S. at 564-65 (upholding an award of $245,456 when damages were $33,350); Ustrak v. Fairman, 851 F.2d 983, 989 (7th Cir. 1988) (upholding an award of $21,100 when damages were $1,001); Kassim v. City of Schenetady, 415 F.3d 246, 252 (2nd Cir. 2005) (damages of $2,500 could justify fee award of $75,825); United Auto.
discussed Cited as authority (rule) HUFF v. DOHRN TRANSFER COMPANY, LLC
S.D. Ind. · 2025 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007) ("'If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the "abuse of discretion" standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.'") (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
cited Cited as authority (rule) Raza Siddiqui v. National Association of Broadcast Employees & Tec
7th Cir. · 2025 · confidence medium
Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988).
discussed Cited as authority (rule) 68V BTR Holdings, LLC v. City of Fairhope
S.D. Ala. · 2024 · confidence medium
“Since the reasonableness of a fee is a function in part of the success achieved by the expenditure, lack of success in obtaining fees … is certainly material in deciding how large the reimbursement should be.” Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir. 1988).
discussed Cited as authority (rule) Anthony Vines v. Welspun Pipes Inc. (2×) also: Cited "see"
8th Cir. · 2023 · confidence medium
Mo. 1983) (citing Montalvo v. Tower Life Bldg., 426 F.2d 1135, 1150 (5th Cir. 1970)).” But, “[i]n general, if a plaintiff prevails in the district court, but then seeks and fails to obtain greater relief on appeal, he or she ‘will be hard pressed to demonstrate an entitlement to . . . attorney’s fees on appeal.’” Warnock v. Archer, 397 F.3d 1024, 1026 (8th Cir. 2005) (alteration in original) (quoting Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir. 1988)).
cited Cited as authority (rule) Bostic v. Pence
N.D. Ind. · 2023 · confidence medium
The verdict in this case sends a teaches law enforcement that reprehensible behavior will be punished severely.”) (citing Ustrak v. Fairman, 851 F.2d 983, 989 (7th Cir. 1988)).
discussed Cited as authority (rule) OUTZEN v. KAPSCH TRAFFICCOM USA, INC.
S.D. Ind. · 2023 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007) ("'If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the "abuse of discretion" standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.'") (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
discussed Cited as authority (rule) Davis v. Indiana Packers Corporation
N.D. Ind. · 2022 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007); Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988) (“If ever there was a case for reviewing the determinations of a trial court under a highly deferential version of the ‘abuse of discretion’ standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.”).
discussed Cited as authority (rule) Madison Street Properties, LLC v. The Marcus Corporation
N.D. Ill. · 2022 · confidence medium
The parties are warned that fee issues should not devolve into satellite litigation, see Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir. 1988), and that a party entitled to fees may also be entitled to fees expended in recovering fees.
discussed Cited as authority (rule) Jones v. Brandt Construction Co.
Ill. App. Ct. · 2022 · confidence medium
App. 3d 72, 76 (1990) (Consumer Fraud and Deceptive Business Practices Act allows for award of attorney fees on appeal, where it provides for “reasonable attorney fees and costs to prevailing party”); Ustrak v. Fairman, 851 F. 2d 983, 990 (7th Cir. 1988) (plaintiff who prevailed in civil rights action entitled to reasonable expenses incurred on appeal). ¶ 41 An appeal is “a continuation of the trial court proceeding in which a plaintiff prevailed.” Trutin, 2016 IL App (1st) 142853, ¶ 38 .
discussed Cited as authority (rule) ADVANCED MAGNESIUM ALLOYS CORPORATION v. DERY
S.D. Ind. · 2021 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007) ("'If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the "abuse of discretion" standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.'") (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
discussed Cited as authority (rule) CHERRONE v. CARTER
S.D. Ind. · 2021 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007) ("'If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the "abuse of discretion" standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.'") (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
discussed Cited as authority (rule) STRUVE v. GARDNER
S.D. Ind. · 2021 · confidence medium
Auth., 491 F.3d 649, 659 (7th Cir. 2007) ("'If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the "abuse of discretion" standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.'") (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
discussed Cited as authority (rule) Favela v. Boyd (2×) also: Cited "see"
C.D. Ill. · 2021 · confidence medium
Moreover, the Seventh Circuit has repeatedly frowned upon the fact that “lawyers litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue.” Spegon, 175 F.3d at 554 (quoting Ustrak v. Fairman, 851 F.2d 983, 986-87 (7th Cir. 1988)). “[T]he fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended.” Thorncreek Apartments I, No. 08 C 1225, 2016 WL 4503559 , at *6 (refusing to credit counsel for work that did not clearly indicate it was related to the suit).
discussed Cited as authority (rule) Li v. Chinatown Take-Out Inc.
S.D.N.Y. · 2020 · confidence medium
Fairman, 851 F.2d 983, 990 (7th Cir. 1988) (a “plaintiff who, having won a judgment in the district court, appeals, seeking a greater victory — and fails utterly in his appeal — will be hard pressed to demonstrate an entitlement to his attorney’s fees on appeal, even though he remains the prevailing party in the underlying litigation.”).
discussed Cited as authority (rule) Gould v. Monarch Recovery Management Inc
E.D. Wis. · 2020 · confidence medium
To do so would only increase the sense that in many cases fee disputes have become “the tail wagging the dog.” Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988); Baylor v. Richard Rubenstein & Assocs.
cited Cited as authority (rule) Naqvi v. Illinois Health and Science
C.D. Ill. · 2019 · confidence medium
Id. (citing Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir. 1988)).
discussed Cited as authority (rule) Barnes v. ARYZTA LLC
N.D. Ill. · 2019 · confidence medium
The Seventh Circuit has held that, while the time spent preparing a fee petition is compensable, lawyers often “litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue.” Ustrak v. Fairman, 851 F.2d 983, 987-88 (7th Cir. 1988); Gibson v. City of Chicago, 873 F. Supp. 2d 975, 992 (N.D.
cited Cited as authority (rule) Bautista Herrera v. Grand Sports Arena, LLC
N.D. Ill. · 2018 · confidence medium
Ustrak v. Fairmann, 851 F.2d 983, 987-90 (7th Cir. 1988) (holding as such in civil rights cases).
cited Cited as authority (rule) In Re: Sears, Roebuck and Co. Front-Loading Washer Products Liability Litigation
N.D. Ill. · 2018 · confidence medium
Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir. 1988). “[L]ack of success in obtaining fees or in defending a fee award is certainly material in deciding how large the reimbursement should be.” Id.
discussed Cited as authority (rule) Adamik v. Motyka
N.D. Ill. · 2018 · confidence medium
This case, like Ratliff, is thus “an exemplar of the cases in which ‘the plaintiff’s claims of relief . . . involve a common core of facts or [are] based on related legal theories,’ such that ‘much of counsel’s time will be devoted generally to the litigation as a whole, making it difficult to divide the hours expended on a claim-by-claim basis.’” Id. (quoting Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir. 1988)).
cited Cited as authority (rule) Ozinga v. United States Department of Human Services
N.D. Ill. · 2018 · confidence medium
E.g., Ustrak v. Fairman, 851 F.2d 983, 987-90 (7th Cir. 1988).
discussed Cited as authority (rule) Murphy v. Smith (2×) also: Cited "see"
7th Cir. · 2017 · confidence medium
See Hensley, 461 U.S. at 436 , 103 S.Ct. 1933 (emphasizing the need to adjust a fee award to account for “the degree of success obtained”); cf. Alizadeh v. Safeway Stores, Inc., 910 F.2d 234, 237-38 (5th Cir. 1990) (district court did not abuse discretion in awarding fees for unsuccessful appellate work, where party went on to win at trial and become “prevailing party in all respects”); Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir. 1988) (allowing fees for, on appeal, “defending with substantial although not complete success a district court’s judgment in his favor”).
discussed Cited as authority (rule) Morris v. Scenera Research, LLC
N.C. Bus. Ct. · 2017 · confidence medium
To determine the reasonableness of the fees sought for litigating the underlying fee award, the Seventh Circuit conducts a “comparison between the hours spent on the merits and the hours spent on the fee petitions” to discourage lawyers from “litigat[ing] fee issues with greater energy and enthusiasm than they litigate any other type of issue.” Spegon v. Catholic Bishop of Chi., 175 F.3d 544, 554 (7th Cir. 1999) (quoting Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir. 1988)). 99.
examined Cited as authority (rule) Iliana Garrido v. Interim Secretary, Florida Agency For Health Care Administration (4×)
11th Cir. · 2016 · confidence medium
“But when the defendant appeals and the plaintiff incurs expenses in defending against the appeal that are reasonable even though they are not crowned by complete success, ordinarily he should be entitled to reimbursement of those fees; he had no choice but to incur them or forfeit his victory in the district court.” Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir. 1988).
discussed Cited as authority (rule) Valerio v. Total Taxi Repair & Body Shop, LLC (2×) also: Cited "see"
N.D. Ill. · 2015 · confidence medium
(R. 117, Defs.’ Mem. at 14-15.) While time expended in preparation of a fee petition is- compensa-ble, the Seventh Circuit has observed that lawyers often “litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue.” Ustrak v. Fairman, 851 F.2d 983, 987-88 (7th Cir.1988).
cited Cited as authority (rule) Pennsylvania Chiropractic Ass'n v. Blue Cross Blue Shield Ass'n
N.D. Ill. · 2014 · confidence medium
Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir.1988); Holmstrom v. Metro.
discussed Cited as authority (rule) Barrett v. Salt Lake County
10th Cir. · 2014 · confidence medium
And that is enough to justify a reasonable fee award. “[Tjhe fact that we have cut down the district court’s fee award does not in itself justify trimming the award for fees in this court, given [the plaintiffs] status as an appellee defending with substantial although not complete success a district court’s judgment in his favor.” Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir.1988).
discussed Cited as authority (rule) Binta B. Ex Rel. S.A. v. Gordon
6th Cir. · 2013 · confidence medium
Employing this rule, we did not permit fees for the third category of work (the contempt action that was later reversed) because “[gjiven the lack of any remedial order, plaintiffs’ counsel’s efforts might best be characterized as a failed attempt to expand the remedy.” Id. at 258 (citing Ustrak v. Fairman, 851 F.2d 983, 990 (7th Cir.1988)).
cited Cited as authority (rule) Dominguez v. Quigley's Irish Pub, Inc.
N.D. Ill. · 2012 · confidence medium
Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir.1988).
discussed Cited as authority (rule) Gibson v. City of Chicago
N.D. Ill. · 2012 · confidence medium
(R. 77, Defs.’ Resp. at 16-18.) While time expended in preparation of a fee petition is compensable, the Seventh Circuit has observed that lawyers often “litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue.” Ustrak v. Fairman, 851 F.2d 983, 987-88 (7th Cir.1988).
cited Cited as authority (rule) Sottoriva v. Claps
7th Cir. · 2010 · confidence medium
Co., 319 F.3d 307, 314 (7th Cir.2003) (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir.1988)).
cited Cited as authority (rule) Joseph Sottoriva v. Rocco Claps
7th Cir. · 2010 · confidence medium
Co., 319 F.3d 307, 314 (7th Cir. 2003) (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988)).
discussed Cited as authority (rule) Golden v. HELEN SIGMAN & ASSOCIATES, LTD. (2×)
7th Cir. · 2010 · confidence medium
Thus, “where ‘the [movant’s] claims of relief ... involve a common core of facts or [are] based on related legal theories/ so that ‘much of counsel’s time will be devoted generally to the litigation as a whole, making it difficult to divide the hours expended on a claim-by-claim basis, ... the district court should focus on the significance of the overall relief obtained by the [movant] in relation to the hours reasonably expended on the litigation.’ ” Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir.1988) (quoting Hensley v. Eckerhart, 461 U.S. 424, 435 , 103 S.Ct. 1933 , 76 L.Ed.2…
cited Cited as authority (rule) McKinnie v. JP Morgan Chase Bank, N.A.
E.D. Wis. · 2009 · confidence medium
Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir.1988); Hyland v. Indicator Lites, Inc., 160 F.Supp.2d 981, 984 (N.D.Ill.2001).
discussed Cited as authority (rule) Flanagan v. Office of Chief Judge of Cook County
N.D. Ill. · 2009 · confidence medium
Instead, the court must determine what “legal expenses [the plaintiffs] would have borne if [their] suit had been confined to the ground on which [they] prevailed.” Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir.1988).
discussed Cited as authority (rule) B & G Mining, Inc. v. Director, Office of Workers' Compensation Programs
6th Cir. · 2008 · confidence medium
Gonter v. Hunt Valve Co., Inc., 510 F.3d 610, 616 (6th Cir.2007) (citing Geier v. Sundquist, 372 F.3d 784, 789 (6th Cir.2004)); Zeigler Coal Co. v. Director, OWCP, 326 F.3d 894, 902 (7th Cir.2003) (“[W]e give great deference to the views and conclusions of the ALJ.”). “ ‘Not only is the [adjudicator] in a much better position than the appellate court to make this determination, but neither the stakes nor the interest in uniform determination are so great as to justify microscopic appellate scrutiny.’” Zeigler Coal, 326 F.3d at 902 (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7th …
discussed Cited as authority (rule) B & G Mining v. OWCP
6th Cir. · 2008 · confidence medium
Gonter v. Hunt Valve Co., Inc., 510 F.3d 610, 616 (6th Cir. 2007) (citing Geier v. Sundquist, 372 F.3d 784, 789 (6th Cir. 2004)); Zeigler Coal Co. v. Director, OWCP, 326 F.3d 894, 902 (7th Cir. 2003) (“[W]e give great deference to the views and conclusions of the ALJ.”). “‘Not only is the [adjudicator] in a much better position than the appellate court to make this determination, but neither the stakes nor the interest in uniform determination are so great as to justify microscopic appellate scrutiny.’” Zeigler Coal, 326 F.3d at 902 (quoting Ustrak v. Fairman, 851 F.2d 983, 987 (7t…
discussed Cited as authority (rule) Dorothy Gautreaux v. Chicago Housing Authority and Terry Peterson v. Daniel E. Levin and the Habitat Company Llc, Receivers-Appellees
7th Cir. · 2007 · confidence medium
Our review of the amount of fees awarded is highly deferential to the district court: “If ever there were a case for reviewing the determinations of a trial court under a highly deferential version of the ‘abuse of discretion’ standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.” Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir.1988).
discussed Cited as authority (rule) Gautreaux, Dorothy v. Chicago Housing
7th Cir. · 2007 · confidence medium
Our review of the amount of fees awarded is highly deferential to the district court: “If ever there were a case for reviewing the determinations of a trial court under a highly deferen- tial version of the ‘abuse of discretion’ standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court.” Ustrak v. Fairman, 851 F.2d 983, 987 (7th Cir. 1988).
examined Cited as authority (rule) O'SULLIVAN v. City of Chicago (3×)
N.D. Ill. · 2007 · confidence medium
The goal is to ensure that a prevailing plaintiff under § 1988 is “compensated for the legal expenses he would have borne if his suit had been confined to the ground on which he prevailed plus related grounds within the meaning of Hensley.” Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir.1988); see also Jackson v. Ill.
Stephen USTRAK, Plaintiff-Appellee,
v.
James W. FAIRMAN, Defendant-Appellant
87-2057.
Court of Appeals for the Seventh Circuit.
Jul 13, 1988.
851 F.2d 983
Deborah L. Ahlstrand, Chicago, Ill., for defendant-appellant., Gregory E. Pelini, Pelini & Sheffler, Champaign, Ill., for plaintiff-appellee.
Posner, Flaum, Easterbrook.
Cited by 216 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: N.D. Illinois (1)
POSNER, Circuit Judge.

In 1980 Stephen Ustrak, who was then an inmate of an Illinois state prison, brought a civil rights suit against the warden. At the request of the district court, see 28 U.S.C. § 1915(d), the law firm of Pelini & Sheffler undertook to represent Ustrak, and in 1981 filed an amended complaint seeking almost $1 million in compensatory and punitive damages. The complaint was in six counts. Two were dismissed on motion for summary judgment; the other four were tried in a three-day jury trial in 1984. The counts that were tried concerned three incidents: (1) the denial in June 1979, allegedly on racial grounds (Ustrak is white), of Ustrak’s request for a job in the prison library; (2) alleged racial discrimination in a disciplinary matter in July 1980; and (3) the denial in October 1980, alleged to be in retaliation for the exercise of free speech, of Ustrak’s request to be transferred to a less restrictive part of the prison. The jury found liability and awarded Ustrak almost $50,-000 in compensatory and punitive damages, but we reversed on all but the retaliation count and reduced his damages to $1 in compensatory damages and $1,000 in punitive damages. 781 F.2d 573 (7th Cir.1986).

The inevitable attorney’s fee proceeding followed. Ustrak sought an award of more than $50,000 in attorney’s fees, based on 561.40 hours of lawyers’ time at $90 per hour and 139.15 hours of “law clerk” time (a “law clerk” being a law student working for the firm part time) at $30 per hour. The district court reduced the fee to $75 an hour for the lawyers and $25 for the students, and reduced the number of hours by one-third to reflect the modest results of the litigation. The upshot was an award of some $30,000 in fees, from which the warden appeals under 28 U.S.C. § 636(c)(3). He argues that the district court erred both in failing to exclude hours that were clearly excessive in relation to work performed and in failing to reduce the total number of hours by five-sixths rather than one-third, to reflect the fact that Ustrak had prevailed on only one count of a complaint that contained six unrelated counts.

[*987] Fee litigation has become a heavy burden on the federal courts. It can turn a simple civil case into two or even more cases — the case on the merits, the case for fees, the case for fees on appeal, the case for fees for proving fees, and so on ad infinitum, or at least ad nauseam. See Muscare v. Quinn, 680 F.2d 42 (7th Cir.1982). There are alternatives to requiring the courts to determine a reasonable fee on an ad hoc basis in every case. The courts of Alaska — the first state to abandon the “American rule” (each party bears his own expenses of litigation) in favor of a rule requiring the losing party in (virtually) every civil case to reimburse the winner’s attorney’s fees — use in most eases a schedule of fixed fees rather than determining fees on an ad hoc, case-by-case basis. Countries that have long shifted the costs of litigation to the loser have learned how to do so with a minimum of satellite litigation and other travail; England, for example, uses taxing masters rather than ordinary judicial personnel to assess fees. The English and Alaskan experiences are described in Tomkins & Willging, Taxation of Attorneys’ Fees: Practices in English, Alaskan, and Federal Courts 5-47 (Federal Judicial Center 1986); see also Pfennigstorf, The European Experience with Attorney Fee Shifting, 47 Law & Contemp.Prob. 37 (Winter 1984).

But for now we must continue to slog our way through these fee cases as best we can. And in the present case that means considering not only the interesting general question of the proper treatment of cases where the plaintiff wins half a loaf (or less), but also specific challenges to the details of the district court’s order— though, of course, only those challenges that the defendant raised in the district court. Another interesting question, discussed at the end of this opinion, concerns the award of fees on appeal where the judgment is modified rather than affirmed in its entirety.

In reviewing the specific challenges we naturally give great deference to the views of the district court. If ever there was a case for reviewing the determinations of a trial court under a highly deferential version of the “abuse of discretion” standard, it is in the matter of determining the reasonableness of the time spent by a lawyer on a particular task in a litigation in that court. Not only is the trial court in a much better position than the appellate court to make this determination, but neither the stakes nor the interest in uniform determination are so great as to justify microscopic appellate scrutiny. Nevertheless certain items in the list of challenged allowances leap out at us and cannot be upheld even under the most deferential standard of review.

1. The district court allowed 38 hours of attorney time for preparation for the oral argument of the appeal. Almost a week’s work is far too much for preparing to argue an appeal in a case involving simple facts, a three-day trial, and legal issues of limited (though not trivial) scope and novelty. The law firm’s excuse is that the lead counsel (Pelini) was unable to argue the appeal because of a previously scheduled trial, so that another member of his firm had to be gotten up to speed for the argument. Pelini should have informed us of any potential conflicts in his schedule before we set the case for argument; he knew the trial date before then. Our Circuit Rule 34(b)(3) states that “requests by counsel, made in advance of the scheduling of an appeal for oral argument, that the court avoid scheduling the oral argument for a particular day or week will be respected, if possible.” No such request was made, bringing into play Rule 34(b)(4): “Once an appeal has been scheduled for oral argument, the court will not ordinarily reschedule it. Requests under [Rule 34(b)(3) ] should therefore be made as early as possible.” Counsel either was careless or gambled on our setting the case on a day when he would be free. We shall knock 22 hours off this request.

2. The district court allowed 108.5 hours of attorney time and 31.95 hours of student time for the preparation of the plaintiff's two fee petitions. This is the tail wagging the dog, with a vengeance. For every hour spent litigating the merits the[*988] plaintiffs attorneys devoted almost 15 minutes to preparing a petition requesting fees for that hour. An even higher fraction of the law students’ time was spent on the fee petitions — 18 minutes for every hour of work on the merits. The fee petitions are marvels of misplaced ingenuity and thoroughness, rehearsing in great detail basic principles well known to the district court (compare Lightfoot v. Walker, 826 F.2d 516, 522 (7th Cir.1987)), and reinforcing our impression that lawyers litigate fee issues with greater energy and enthusiasm than they litigate any other type of issue. (The briefs on the merits in this case were greatly inferior to the briefs on the fee issues.) We shall disallow two-thirds of the lawyer and student hours allowed for the preparation of the fee petitions. The allowance is still a generous one; compare Kurowski v. Krajewski, 848 F.2d 767, 776 (7th Cir.1988), where the prevailing party submitted a bill for only 1.6 hours for the preparation of his request for an award of attorney’s fees.

3. The plaintiff concedes that 1.3 hours of student time were inadvertently allowed. He does not confess error on the point, however; we shall do so for him.

4. The district court allowed 8.3 hours for review by a law student of this court’s rules. The purpose of the review is nowhere disclosed. We cannot imagine what purpose is served by sitting a student down in front of our rules for a day, unless to torture him. We shall disallow this item in its entirety.

We conclude that only 467.1 hours of attorney time, and 108.2 hours of student time, should have been allowed, and move to the question what further reduction if any should have been made to reflect the fact that Ustrak lost on five of his six counts and recovered damages that were modest both absolutely and in relation to what he had sought in his complaint. The Supreme Court prescribed the basic approach to be taken in such cases in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983); see also Lenard v. Argento, 808 F.2d 1242, 1245-46 (7th Cir.1987). Factually unrelated claims are treated as separate lawsuits, and therefore if the plaintiff loses on such a claim he is not to be reimbursed for the attorney’s fees allocable to it. But where “the plaintiff’s claims of relief ... involve a common core of facts or [are] based on related legal theories,” so that “much of counsel’s time will be devoted generally to the litigation as a whole, making it difficult to divide the hours expended on a claim-by-claim basis, ... the district court should focus on the significance of the overall relief obtained by the plaintiff in relation to the hours reasonably expended on the litigation.” 461 U.S. at 435, 103 S.Ct. at 1940. Unfortunately the present case straddles the Court’s two classes. The only claim on which Ustrak prevailed is legally and factually distinct from his other claims, yet much of counsel’s time necessarily was devoted to the litigation as a whole — a good example being the time taken to pick a jury. The procedure suggested by the defendant, of dividing the fee request by six because Ustrak prevailed on one of six unrelated grounds, implies that the trial should have lasted only three hours (it lasted 18 hours). No jury trial lasts three hours. The district court reduced the fee request by a third, but without offering a reason beyond a general reference to lack of success.

A partially prevailing plaintiff should be compensated for the legal expenses he would have borne if his suit had been confined to the ground on which he prevailed plus related grounds within the meaning of Hensley. Under this approach we ask how much lawyer and student time Ustrak would have consumed had he brought this suit only to challenge the defendant's refusal to transfer him to a less restrictive part of the prison. Ustrak would still have been entitled to a jury trial and well advised to demand one. The defendant would still have had to be deposed. It is doubtful that the trial could have been compressed to fewer than two days. Ustrak’s briefs on appeal would have been shorter, but not five-sixths shorter, for the space allotted to each issue in an appeal that presents six issues is naturally going to be less than would be optimal in a single-[*989] issue appeal. Since the case would not have taken so long to try, the petition for attorney’s fees would have required less time to prepare; but since the case would not have taken a sixth as long to try, the fee petition could not have been prepared in a sixth of the time either.

No exact calculation of the lawyer and law-student time reasonably required to prepare, litigate, and appeal this case (and to prepare and defend a fee petition) if the case had been confined to its single meritorious issue is possible; our best estimate of this elusive counterfactual is that the time would have been half as great as it turned out to be with the additional, unmeritorious issues. So we take the hours we have allowed, multiply by the unchallenged billing rates for the attorneys and law students respectively, divide by two, add costs (not questioned), round to the nearest hundred dollars to avoid creating a delusive impression of exactness, and by this route arrive at a total of $21,100, which we deem to be the reasonable attorney’s fee, and costs, to which Ustrak is entitled; as so modified, the district court’s judgment is affirmed.

It might seem that a fee 21 times as great as the damages that the plaintiff obtained (a mere $1,001, remember) must be excessive in relation to results obtained, necessitating a further discount. Cf. IIliois Welfare Rights Organization v. Miller, 723 F.2d 564, 567-69 (7th Cir.1983). But the value of Ustrak’s victory cannot be gauged by the modest size of the damages awarded. A judicial decision that finds a violation of constitutional rights and punishes the perpetrator with an award of punitive damages not only vindicates constitutional principles but is a deterrent to future violations, to the benefit not only of the plaintiff but of others in similar situations. See, e.g., Aubin v. Fudala, 782 F.2d 287, 291 (1st Cir.1986); Lenard v. Argento, supra, 808 F.2d at 1248. If these were not permissible considerations, no attorney’s fees could be awarded in a ease where the plaintiff obtained only nominal damages. That is not the law. See, e.g., Williams v. Mensey, 785 F.2d 631, 640 (8th Cir.1986).

Once it is determined that civil rights claims of small cash value nevertheless have enough social value to warrant litigation, it follows that attorney’s fees awards will sometimes exceed the damages awards in such eases — and the Supreme Court therefore has held that the damage award is not a ceiling on the fee award. City of Riverside v. Rivera, 477 U.S. 561, 106 S.Ct. 2686, 91 L.Ed.2d 466 (1986). There is an irreducible fixed cost to litigation. If the plaintiff cannot recover that cost in an award of attorney’s fees, he will find it difficult to hire a lawyer. In fixing a reasonable attorney’s fee in this case at a bit more than $21,000 we have estimated in effect the minimum cost of litigating such a case.

It may next be objected that rather than computing the reasonable attorney’s fee ourselves we should direct the district court to redetermine the fee in conformity to the principles in this opinion. There is great theoretical appeal to such an approach in light of our earlier point that the district court is in a much better position than this court to evaluate the reasonableness of a fee submission. The practical difficulty is that such an approach would prolong litigation on what to begin with is a collateral matter, and might generate additional appeals. Practice has trumped theory; for in many cases in this and other circuits the court of appeals has made the adjustment in the fee award that it thought necessary, without bothering to remand the case. See, e.g., Charles v. Daley, 846 F.2d 1057, 1076-1077 (7th Cir. 1988); Lynch v. City of Milwaukee, 747 F.2d 423 (7th Cir.1984); Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 951-60 (1st Cir.1984); Green v. Francis, 705 F.2d 846, 850 (6th Cir.1983) (per curiam); cf. Copeland v. Marshall, 641 F.2d 880, 901-02 (D.C.Cir.1980). No right to jury trial, or other rights, are infringed by our bringing this litigation to a close; and “in a case which has been years in litigation, it makes no sense to remand and require even further expenditure of time and money.” Grendel’s Den, Inc. v. Larkin, supra, 749[*990] F.2d at 951; to similar effect see Charles v. Daley, supra, at 1077.

To ensure that this really is the end of the case we direct Ustrak to submit to the clerk of this court within 15 days a statement of the fees he reasonably incurred in defending against this appeal. A civil rights plaintiff is entitled to fees for successfully defending in the court of appeals a favorable judgment (or fee award) obtained in the district court. Bond v. Stanton, 630 F.2d 1231, 1234-35 (7th Cir. 1980). And we can determine those fees ourselves; we need not require the district court to make the determination. Ekanem v. Health & Hospital Corp., 778 F.2d 1254, 1257 (7th Cir.1985). But is Ustrak really the prevailing party on this appeal? Having persuaded us to cut down the fee award by a third, the warden could be said to be a prevailing party too. Indeed, if an appeal were analogized to an independent civil rights suit, the warden, having won something on appeal, would be viewed as the prevailing party, albeit his success was only partial.

This is not the correct approach. As the prevailing party in the underlying civil rights action, Ustrak is entitled to reimbursement of fees reasonably incurred, whether they are fees incurred in the original civil rights trial and appeal, fees incurred in proving those fees, or fees incurred in defending the district court’s fee award. Since the reasonableness of a fee is a function in part of the success achieved by the expenditure, lack of success in obtaining fees or in defending a fee award is certainly material in deciding how large the reimbursement should be. See, e.g., In re Burlington Northern, Inc., Employment Practices Litigation, 832 F.2d 430, 432-35 (7th Cir.1987); Muscare v. Quinn, supra, 680 F.2d at 44; Hays v. Sony Corp., 847 F.2d 412, 419-20 (7th Cir. 1988); Preston v. Thompson, 565 F.Supp. 310, 312 (N.D.Ill.1983). But a distinction should be made between an appellant and an appellee. A civil rights plaintiff who, having won a judgment in the district court, appeals, seeking a greater victory— and fails utterly in his appeal — will be hard pressed to demonstrate an entitlement to his attorney’s fees on appeal, even though he remains the prevailing party in the underlying litigation. See Levka v. City of Chicago, 605 F.Supp. 197 (N.D.Ill.1985). But when the defendant appeals and the plaintiff incurs expenses in defending against the appeal that are reasonable even though they are not crowned by complete success, ordinarily he should be entitled to reimbursement of those fees; he had no choice but to incur them or forfeit his victory in the district court.

We conclude that Ustrak is entitled, prima facie, to reimbursement of his entire fees in this court. The defendant may of course submit specific objections to particular items of expense, for a civil rights plaintiff has no more right to make his opponent pay for extravagant expenditures in defending an appeal than to make him pay for extravagant expenditures in obtaining a favorable judgment in the first place. But the fact that we have cut down the district court’s fee award does not in itself justify trimming the award for fees in this court, given Ustrak’s status as an appellee defending with substantial although not complete success a district court’s judgment in his favor.

Modified and Affirmed.