Berger v. City of Seattle

Summary

The Ninth Circuit awarded Michael Berger attorneys’ fees on appeal and held that his fee request was timely. The court referred determination of the appropriate fee amount to the Appellate Commissioner, subject to panel reconsideration.

Holdings

1. An appellate attorneys' fee request is timely when filed no later than fourteen days after expiration of the period in which a petition for rehearing, including full-court rehearing en banc, could have been filed.
2. The appellee was entitled to attorneys' fees on appeal, with the appropriate amount to be determined by the Appellate Commissioner.

Questions Presented

1. Whether the appellee's request for attorneys' fees on appeal was timely when filed within fourteen days after expiration of the period for seeking full-court rehearing en banc.
2. Whether the court should award appellate attorneys' fees and refer determination of the amount to the Appellate Commissioner.

Disposition

other