Legal Memorandum: Award of Attorney Fees under FCA

Issue: Under federal law on what is the reimbursement of attorney’s fees under the False Claims Act (FCA), or qui tam, based?

As with fees under other fee-shifting statutes, fees awarded under the False Claims Act (“FCA”) should be at current market rates.  Lanni v. New Jersey, 259 F.3d 146, 149-50 (3^rd Cir. 2001) TA l "Lanni v. New Jersey, 259 F.3d 146 (3d Cir. 2001)" s "Lanni v. New Jersey, 259 F.3d 146, 149-50 (3d Cir. 2001)" c 1  (“When attorney’s fees are awarded, the current market rate must be used.”); M.G. v. Eastern Reg’l High Sch. Dist., 386 Fed. Appx. 186, 189 (3d Cir. 2010) TA l "M.G. v. Eastern Regional High Sch. Dist., 386 Fed. Appx. 186 (3d Cir. 2010)" s "M.G. v. Eastern Regional High Sch. Dist., 386 Fed. Appx. 186, 189 (3d Cir. 2010)" c 1  (“[We] have made clear that when attorney’s fees are awarded, the current market rate must be used.”).  This requirement exists in part to offset the risk and prejudice of delay in payment by the losing party (which in this case is over 10 years).  As the Supreme Court explained in the course of discussing 42 U.S.C. § 1988 TA l "42 U.S.C. § 1988" s "42 U.S.C. § 1988" c 2 , another fee-shifting statute,

If no compensation were provided for the delay in payment, the prospect of such hardship could well deter otherwise willing attorneys from accepting complex civil rights cases that might offer great benefit to society at large; this result would work to […]

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