Fedweek Legal

On June 2, 2008, the Supreme Court issued its decision in Richlin Security Service Co v Chertoff, 553 US _______, Case No. 06-1717 (Slip. Op.). Overturning the Federal Circuit, the Supreme Court held that the Equal Access to Justice Act (EAJA) permits paralegal fees recovery at market rates, and not just at the actual costs to the attorney.

Richlin, the petitioner, was hired in the early 1990s by the former Immigration and Naturalization Service (INS) to provide security guard services at Los Angeles International Airport. After the Department of Labor determined that employees under this INS contract were being underpaid, Richlin filed a claim before the Department of Transportation Board of Contract Appeals seeking reformation of the contract so that INS was liable for the back pay owed. After extended litigation, Richlin prevailed before the Board.

Richlin then petitioned the board for award of attorneys’ fees and costs under EAJA, including paralegal fees for paralegals employed by Richlin’s Washington, DC-area outside counsel. The Board partially granted Richlin