context: The presumptive cap mostly takes away the discretion afforded to the district court in the statute.
citation_a.signal: see
citation_a.identifier: 135 S.Ct. 2158, 2165
citation_a.parenthetical: concluding that a fee-shifting provision in the Bankruptcy Code does not allow for "[t]ime spent litigating a fee application"
citation_a.sentence: See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs... .”). , Congress knows how to set caps on fee applications and has done so in other contexts, yet it did not do so in § 1988. See, e.g., Baker Botts LLP v. ASARCO LLC, — U.S. -, 135 S.Ct. 2158, 2165, 192 L.Ed.2d 208 (2015) (concluding that a fee-shifting provision in the Bankruptcy Code does not allow for “[t]ime spent litigating a fee application”); In re Meese, 907 F.2d 1192, 1203 (D.C. Cir. 1990) (holding that the Independent Counsel Reauthorization Act does not permit fees claimed for the preparation of a fee application); cf. Kaseman v. Dist. of Columbia, 444 F.3d 637, 643 (D.C. Cir. 2006) (holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court). Section 1988 does not contain a similar limitation.
citation_b.signal: cf.
citation_b.identifier: 444 F.3d 637, 643
citation_b.parenthetical: holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court
citation_b.sentence: See 42 U.S.C. § 1988(b) (“[T]he court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs... .”). , Congress knows how to set caps on fee applications and has done so in other contexts, yet it did not do so in § 1988. See, e.g., Baker Botts LLP v. ASARCO LLC, — U.S. -, 135 S.Ct. 2158, 2165, 192 L.Ed.2d 208 (2015) (concluding that a fee-shifting provision in the Bankruptcy Code does not allow for “[t]ime spent litigating a fee application”); In re Meese, 907 F.2d 1192, 1203 (D.C. Cir. 1990) (holding that the Independent Counsel Reauthorization Act does not permit fees claimed for the preparation of a fee application); cf. Kaseman v. Dist. of Columbia, 444 F.3d 637, 643 (D.C. Cir. 2006) (holding that fee-cap provision in the Individuals with Disabilities Education Act applies to both merits time before administrative agency and fees for fees time in court). Section 1988 does not contain a similar limitation.