Richlin Security Service Company v. Michael Chertoff, Secretary of Homeland Security (553 U.S. 571)
U.S. Supreme Court · decided June 2, 2008 · Supreme Court Database (Spaeth)
- Citation
- 553 U.S. 571 · 128 S. Ct. 2007
- Decided
- June 2, 2008
- Term
- October Term 2007
- Vote
- 9–0
- Majority author
- Justice Alito
- Issue area
- Attorneys
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Alito delivered the opinion of the Court. The question presented in this case is whether the Equal Access to Justice Act (EAJA), 5 U. S. C. § 504(a)(1) (2006 ed.) and 28 U. S. C. § 2412(d)(1)(A) (2000 ed.), allows a prevailing party in a case brought by or against the Government to recover fees for paralegal services at the market rate for such services or only at their cost to the party’s attorney. The United States Court of Appeals for the Federal Circuit limited recovery to the attorney’s cost. 472 F. 3d 1370 (2006). We reverse. I Petitioner Richlin Security Service Co. (Richlin) is a small California proprietorship. In the early 1990’s, it was engaged by the former Immigration and Naturalization Service to provide guard services for detainees at Los Angeles International Airport. Through mutual mistake, the parties’ two contracts misclassified Richlin’s employees under the Service Contract Act of 1965, 41 U. S. C. § 351 et seq. The Department of Labor discovered the misclassification and ordered Richlin to pay its employees back wages. Richlin responded by filing a claim against the Government with the Department of Transportation’s Board of Contract Appeals (Board). The claim sought reformation of the two contracts in order to force the Government to make additional payments necessary to cover Richlin’s liability under the Service Contract Act. Richlin prevailed…
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