From law.com: A District Court judge in Connecticut awarded attorney’s fees of $325/hour to attorneys for the Center for Medicare Advocacy based on the special expertise exception under EAJA. More of a curiosity for us in the Fourth Circuit:
Federal circuits are split over what constitutes “distinctive knowledge or specialized skill needful of the litigation in question,” the phrase used by the U.S Supreme Court in Pierce v. Underwood, construing the EAJA in 1988. The 7th, 9th and 11th circuits broadly construe Pierce to mean expertise in a particular area of the law, such as immigration or Social Security law. The narrower view, held by the D.C., 4th and 5th circuits, “requires technical or other education outside the field of American law,” before fees are enhanced.
