These two January 8 orders addressed the attorneys’ fees applications in these redistricting challenges.
In Perez v. Perry, the plaintiffs sought interim fees on the basis of the preliminary injunctive relief they obtained. Slip op. at 1-4. But the three-judge panel determined that (a) their interim victory did not make them “prevailing parties,” and (b) a final decision on the merits would determine whether they ultimately qualified as “prevailing parties.” Id. at 3-4.
In Davis v. Perry, the interim relief the plaintiffs achieved became part of the State’s election plan, meaning there was no chance such relief could be reversed, dissolved, or otherwise undone by a final decision in this case. Thus, the panel concluded that the plaintiffs were “prevailing parties.” Slip op. at 6-15. The balance of the 58-page opinion parsed through the attorneys’ fees evidence, addressing when out-of-state rates trump rates in the forum, as well as many common objections to attorneys’ fees evidence. Id. at 15-58.