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Legal Memorandum: Award of Attorney's Fees and Expert Costs

Issue: What cases relate to the question of whether an award for attorney’s fees and expert costs is permitted expert’s conclusions were not adopted, relied upon, nor agreed to in the settlement?

Area of Law: Litigation & Procedure
Keywords: Attorney's fees and expert costs; Recovery of expert fees
Jurisdiction: Federal
Cited Cases: 688 F. Supp. 1535; 839 F. Supp. 888; 849 F. Supp. 312; 989 F. Supp. 649
Cited Statutes: None
Date: 10/01/2004

S.D. v. Manville Bd. of Educ., 989 F. Supp. 649 (D.N.J. 1998) (expert fees “must be properly documented and must also be reasonable under the circumstances”).

E.M. v. Millville Bd. of Educ., 849 F. Supp. 312 (D.N.J. 1994) (“[T]o be recoverable, the expert services must have been ‘necessary for the preparation of the parent or guardian’s case in the action or proceeding.'”).

Bailey v. District of Columbia, 839 F. Supp. 888 (D.D.C. 1993) (“[A]ll of these costs–of photocopying, travel, long distance telephone, postage, and expert fees and costs–are properly shifted to defendants only if they are reasonable.  ‘The establishment of reasonableness is the petitioner’s burden.'”).

Interfaith Comm. Org. v. Honeywell Int’l, Inc., No. 95-2097 (DMC), 2004 WL 1918751 (D.N.J. Aug. 26, 2004) (“In order to be compensable, expert witness fees and costs, like attorneys fees and costs must be necessary.”).

Turton v. Crisp County Sch. Dist., 688 F. Supp. 1535 (M.D. Ga. 1988) (“Finally, the court finds the District’s argument regarding the $415.62 evaluation fee to be unpersuasive.  Counsel for the Turtons has stated that even though the expert in question did not testify at the hearing, he helped in the preparation of the Turtons’ case.  The court finds that the expert’s fee should be compensable even though he did not appear at trial.”).

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