Richlin Security Service Co. v. Chertoff

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Richlin Security Service Co. v. Chertoff
Seal of the United States Supreme Court.svg
Argued March 19, 2008
Decided June 2, 2008
Full case name Richlin Security Service Company, petitioner
v
Michael Chertoff, Secretary of Homeland Security
Docket nos. 06-717
Citations 553 U.S. 571 (more)
128 S. Ct. 2007; 170 L. Ed. 2d 960; 2008 U.S. LEXIS 4522; 76 U.S.L.W. 4360; 21 Fla. L. Weekly Fed. S 279
Argument Oral argument
Holding
A prevailing party that satisfies EAJA’s other requirements mayrecover its paralegal fees from the Government at prevailing market rates. 472 F. 3d 1370, reversed and remanded.
Court membership
Case opinions
Majority Alito, joined by Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer; Scalia (except part III-A); Thomas (except parts II-B, III)
Laws applied
Equal Access to Justice Act (EAJA) (5 U.S.C. § 504; 28 U.S.C. § 2412

)

Richlin Security Service Co. v. Chertoff, 553 U.S. 571 (2008), was an appeal of a lower court ruling denying the prevailing party in an administrative action against a government agency the right to recover at market rates the paralegal fees paid as part of the action. The Supreme Court held that 5 U. S. C. §504(a)(1) authorized the recovery of paralegal fees at market rates, and therefore reversed the lower court's ruling.

See also[edit]