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Carter v. Caleb Brett LLC

United States Court of Appeals, Ninth Circuit

February 3, 2014

Rick O. Carter, Petitioner-Appellant,
v.
Caleb Brett LLC; Liberty Mutual Insurance Company, Respondents-Appellees.

Amended March 10, 2014

Submitted January 15, 2014 [*] San Francisco, California

Appeal from the United States District Court for the Northern District of California Richard Seeborg, District Judge, Presiding, D.C. No. 3:11-cv-01472-RS

COUNSEL

Eric Aaron Dupree, Dupree Law APLC, Coronado, California; Joshua Thomas Gillelan, II, Longshore Claimants' National Law Center, Washington D.C., for Petitioner–Appellant.

John R. Walker, Kelley Kronenberg, Houston, Texas, for Respondents–Appellees.

Before: Arthur L. Alarcón, Richard C. Tallman, and Sandra S. Ikuta, Circuit Judges.

SUMMARY[**]

Attorneys' Fees

The panel vacated the district court's order awarding attorneys' fees and costs, and remanded for the district court to articulate the basis for its fee determination with greater specificity.

The panel held that the district court erred as a matter of law by reducing the fee award without sufficiently explaining its rationale for the reduction.

OPINION

ALARCÓN, Senior Circuit Judge

Rick Carter appeals from the district court's order awarding him $14, 268.50 in attorneys' fees and costs on his fee petition in the amount of $22, 585. We have jurisdiction under 28 U.S.C. ยง 1291. Carter contends that the district court erred as a matter of law by reducing the fee award without sufficiently explaining its rationale for the reduction. We agree. Accordingly, we vacate and remand this matter to ...


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