marek chesny argued december decided june petitioner police officers answering call domestic disturbance shot killed respondent adult son respondent behalf administrator son estate filed suit petitioners federal district state tort law prior trial petitioners made timely offer settlement expressly including accrued costs attorney fees respondent accept offer case went trial respondent awarded claim violation punitive damages respondent filed request attorney fees provides prevailing party action may awarded attorney fees part costs claimed attorney fees included fees work performed subsequent settlement offer district declined award latter fees pursuant federal rule civil procedure provides timely pretrial offer settlement accepted judgment finally obtained offeree favorable offer offeree must pay costs incurred making offer appeals reversed held petitioners liable attorney fees incurred respondent petitioners offer settlement pp petitioners offer valid rule rule require defendant offer itemize respective amounts tendered settlement underlying substantive claim costs drafters concern much particular components offers judgments allowed defendants whether offer recites costs included specifies amount costs offer allowed judgment entered defendant damages caused challenged conduct costs construction rule furthers objective encouraging settlements pp view rule drafters awareness various federal statutes exception american rule authorize award attorney fees prevailing parties part costs particular cases reasonable inference term costs rule intended refer costs properly awardable relevant substantive statute thus underlying statute defines costs include attorney fees fees included costs purposes rule expressly includes attorney fees costs available prevailing plaintiff suit fees subject provision rule rather cutting grain applying rule context action consistent policies objectives encouraging plaintiffs bring meritorious civil rights suits rule simply encourages settlements pp burger delivered opinion white powell rehnquist stevens joined powell post rehnquist post filed concurring opinions brennan filed dissenting opinion marshall blackmun joined post donald peterson argued cause petitioners brief elizabeth hubbard jerrold ganzfried argued cause amicus curiae urging reversal brief solicitor general lee acting assistant attorney general willard deputy solicitor general geller deputy assistant attorney general kuhl katheryn oberly robert greenspan barbara woodall victor stone argued cause respondent brief james montgomery briefs amici curiae urging reversal filed state florida jim smith attorney general mitchell franks linda huber bruce minnick assistant attorneys general city new york frederick schwarz leonard koerner ronald sternberg evelyn jonas john woods equal employment advisory council robert williams douglas mcdowell thomas bagby briefs amici curiae urging affirmance filed alliance justice laura macklin american civil liberties union et al roger pascal burt neuborne richard larson harvey grossman lawyers committee civil rights law fred fishman robert kapp norman redlich william robinson norman chachkin harold tyler sara lister committee federal courts association bar city new york sheldon elsen michael schwartz sidney rosdeitcher edmund kerr john koeltl naacp legal defense educational fund barry goldstein julius levonne chambers charles stephen ralston chief justice burger delivered opinion granted certiorari decide whether attorney fees incurred plaintiff subsequent offer settlement federal rule civil procedure must paid defendant plaintiff recovers judgment less offer petitioners three police officers answering call domestic disturbance shot killed respondent adult son respondent behalf administrator son estate filed suit officers district state tort law prior trial petitioners made timely offer settlement sum including costs accrued attorney fees one hundred thousand dollars respondent accept offer case went trial respondent awarded wrongful death claim violation punitive damages respondent filed request costs including attorney fees amount included costs incurred settlement offer petitioners opposed claim postoffer costs relying federal rule civil procedure shifts plaintiff costs incurred subsequent offer judgment exceeded ultimate recovery trial petitioners argued attorney fees part costs covered rule district agreed petitioners declined award respondent costs including attorney fees incurred offer judgment supp nd parties subsequently agreed fairly represented allowable costs including attorney fees accrued prior petitioners offer settlement respondent appealed denial postoffer costs appeals reversed rejected termed rather mechanical linking rule section stated district reading rule sense logical put civil rights plaintiffs counsel predicament cuts grain section plaintiffs attorneys reasoned forced think hard rejecting even inadequate offer deterred bringing actions prospect losing right attorney fees settlement offer favorable ultimate recovery rejected concluded legislators enacted section wanted effectiveness blunted little known rule granted certiorari reverse ii rule provides timely pretrial offer settlement accepted judgment finally obtained offeree favorable offer offeree must pay costs incurred making offer emphasis added plain purpose rule encourage settlement avoid litigation advisory committee note rules civil procedure report proposed amendments delta air lines august rule prompts parties suit evaluate risks costs litigation balance likelihood success upon trial merits case requires us decide whether offer case proper one rule whether term costs used rule includes attorney fees awardable first question address whether petitioners offer valid rule respondent contends offer invalid lumped petitioners proposal damages proposal costs respondent argues rule requires offer must separately recite amount defendant offering settlement substantive claim amount offering cover accrued costs offer bifurcated contends clear much defendant offering substantive claim plaintiff possibly assess whether wise accept offer apparently bases argument language rule providing defendant may serve upon adverse party offer allow judgment taken money property effect specified offer costs accrued emphasis added appeals rejected respondent claim holding offer money property specified effect force rule plus costs accrued whatever amount costs reject respondent argument read rule require defendant offer itemize respective amounts tendered settlement underlying substantive claim costs critical feature portion rule offer one allows judgment taken defendant damages caused challenged conduct costs accrued words drafters concern much particular components offers judgments allowed defendants offer recites costs included specifies amount costs plaintiff accepts offer judgment necessarily include costs offer state costs included amount costs specified obliged terms rule include judgment additional amount discretion see delta air lines august supra powell concurring determines sufficient cover costs either case however offer allowed judgment entered defendant damages caused challenged conduct costs accordingly immaterial whether offer recites costs included whether specifies amount defendant allowing costs matter whether refers costs long offer implicitly explicitly provide judgment include costs timely offer valid construction rule best furthers objective rule encourage settlements defendants allowed make offers accepted represent total liability understandably reluctant make settlement offers appeals observed many defendant unwilling make binding settlement offer terms left exposed liability attorney fees whatever amount might fix motion plaintiff contrary respondent suggestion reading rule way frustrate plaintiffs efforts determine whether defendants offers adequate time offer made plaintiff knows amount damages caused challenged conduct plaintiff also knows ascertain costs accrued reasonable determination whether accept offer made simply adding two figures comparing sum amount offered respondent troubled plaintiff know whether offer substantive claim exceeded trial whenever offer settlement made event requiring itemization damages separate costs way help plaintiffs know advance whether judgment trial exceed defendant offer curiously respondent also maintains petitioners settlement offer exceed judgment obtained respondent regard respondent notes offer great sum damages preoffer costs claimed postoffer costs argument assumes however postoffer costs included comparison appeals correctly recognized postoffer costs merely offset part expense continuing litigation trial included calculus second question address whether term costs rule includes attorney fees awardable time federal rules civil procedure adopted federal statutes authorized defined awards costs prevailing parties years see act stat see generally alyeska pipeline service wilderness society unlike england costs generally included attorney fees american rule party required bear attorney fees american rule applied federal courts however become subject certain exceptions late exceptions evolved product inherent power courts allow attorney fees particular situations alyeska supra exceptions found federal statutes directed courts award attorney fees part costs particular cases section communications act example provided relevant part petitioner shall finally prevail shall allowed reasonable attorney fee taxed collected part costs suit identical language railway labor act section copyright act ed allowed award prevailing party reasonable attorney fee part costs statutes contained similar provisions included attorney fees part awardable costs see clayton act ed securities act ed securities exchange act authors federal rule civil procedure fully aware exceptions american rule advisory committee note rule contains extensive list federal statutes allowed costs particular cases statutes costs set forth final paragraph note fewer allowed attorney fees part costs background varying definitions costs drafters rule define term explanation whatever intended meaning history rule setting given importance costs rule unlikely omission mere oversight contrary reasonable inference term costs rule intended refer costs properly awardable relevant substantive statute authority words costs properly awardable action considered within scope rule costs thus absent congressional expressions contrary underlying statute defines costs include attorney fees satisfied fees included costs purposes rule see fulps springfield waters heublein supp nd cal scheriff beck supp see also delta air lines august powell concurring respondent sued pursuant civil rights attorney fees awards act stat amended prevailing party action may awarded attorney fees part costs since congress expressly included attorney fees costs available plaintiff suit fees subject provision rule plain meaning interpretation interplay rule construction gives meaning word rule unlike appeals believe plain meaning construction statute rule frustrate congress objective ensuring civil rights plaintiffs obtain effective access judicial process hensley eckerhart quoting merely subjecting civil rights plaintiffs settlement provision rule curtail access courts significantly deter bringing suit application rule serve disincentive plaintiff attorney continue litigation defendant makes settlement offer evidence however congress considering thought civil rights claims different footing civil claims insofar settlement concerned indeed congress made clear concern civil rights plaintiffs penalized helping lessen docket congestion settling cases see supra moreover rule policy encouraging settlements neutral favoring neither plaintiffs defendants expresses clear policy favoring settlement lawsuits civil rights plaintiffs along plaintiffs reject offer favorable thereafter recovered trial recover attorney fees services performed offer rejected since rule neutral many civil rights plaintiffs benefit offers settlement encouraged rule plaintiffs receive compensation settlement trial might recovered recovered less offered even prevail trial settlement provide compensation earlier date without burdens stress time litigation short settlements rather litigation serve interests plaintiffs well defendants sure application rule require plaintiffs think hard whether continued litigation worthwhile precisely rule contemplates effect rule however sense inconsistent congressional policies underlying section authorizes courts award reasonable attorney fees prevailing parties hensley eckerhart supra held critical factor determining reasonable fee degree success obtained specifically noted prevailing trial may say little whether expenditure counsel time reasonable relation success achieved ibid case rejected settlement offer exceeds ultimate recovery plaintiff although technically prevailing party received monetary benefits postoffer services attorney case presents good example postoffer legal services resulted recovery less petitioners settlement offer given congress focus success achieved persuaded shifting postoffer costs respondent circumstances sense thwart intent rather cutting grain appeals held convinced applying rule context action consistent policies objectives section encourages plaintiffs bring meritorious civil rights suits rule simply encourages settlements nothing incompatible two objectives iii congress course well aware rule enacted included attorney fees part recoverable costs plain language rule subjects fees provision rule nothing revealed review policies underlying constitutes necessary clear expression congressional intent required exempt statute operation rule califano yamasaki hold petitioners liable costs incurred respondent petitioners offer settlement judgment appeals reversed footnotes respondent suggests roadway express piper requires different result roadway express however relevant decision today roadway attorney fees sought part costs allows imposition costs penalty attorneys vexatiously multiplying litigation held roadway express came statutory definition costs definition include attorney fees critical distinction rule come definition costs rather incorporates definition costs otherwise applies case justice powell concurring delta airlines august offer rule stated amount shall include attorney fees together costs accrued date brief concurring opinion expressed view offer comport rule requirements seemed offer judgment consist two identified components substantive relief proposed ii costs including reasonable attorney fee amount fee ultimately within discretion offer accepted questioning form offer delta influenced part fact title vii case concluded costs component rule offer judgment title vii case must include reasonable attorney fees accrued date offer view however specificity substantive relief component offer depend solely fact delta title vii case justice joined delta concurrence decision upon different ground although think better practice offer judgment expressly identify components important clear interpretation rule noted delta parties litigation public whole interest often overriding one settlement rather exhaustion protracted proceedings ibid purpose rule facilitat early resolution marginal suits defendant perceives claim without merit plaintiff recognizes speculative nature ibid see also agreed specifically required rule accordingly join opinion justice rehnquist concurring delta airlines august expressed dissent view term costs rule include attorney fees examination question convinced view wrong therefore join opinion chief justice cf mcgrath kristensen jackson concurring justice brennan justice marshall justice blackmun join dissenting question presented case whether term costs used rule federal rules civil procedure elsewhere throughout rules refers simply taxable costs defined traditionally understood costs fees printing expenses like instead includes attorney fees underlying statute happens refer fees part awardable costs relying recurrently emphasizes plain language one statute today holds prevailing civil rights litigant entitled fees statute per se barred rule recovering fees work performed rejecting settlement offer ultimately recovers less proffered amount settlement dissent reasoning wholly inconsistent history structure federal rules application attorney fees statutes enacted congress produce absurd variations rule operation based nothing picayune differences statutory phraseology neither congress drafters rules possibly intended inexplicable variations settlement incentives moreover interpretation seriously undermine purposes behind attorney fees provisions civil rights laws delta air lines august rehnquist dissenting provisions imposed congress pursuant fourteenth amendment today decision therefore violates basic limitations rulemaking authority set forth rules enabling act summarized alyeska pipeline wilderness society finally congress judicial conference engaged years considering possible amendments rule bring attorney fees within operation rule process strongly suggests rule previously viewed governing fee awards illustrates wisdom deferring avenues amending rule rather engaging standardless judicial lawmaking delta air lines august supra rehnquist dissenting plain language analysis ante goes follows section provides prevailing party may recover reasonable attorney fee part costs rule turn provides offeree obtains judgment less amount previous settlement offer offeree must pay costs incurred making offer attorney fees costs concludes plain meaning rule per se prohibits prevailing civil rights plaintiff recovering fees incurred rejected proposed settlement ante plain language approach judge posner opinion noted sense logical however starting point interpreting statutes rules always plain words particular inquiry abstract force words may comprehend sense intended understood understanding convey used particular act previously confronted superficially appealing argument strikingly similar adopted today found survive careful consideration roadway express piper roadway express petitioner argued ed time allowed imposition excess costs attorney unreasonably vexatiously delayed proceedings costs interpreted include attorney fees underlying statute provided fees part costs rejected argument concluding costs used meaning limited traditional taxable items costs set forth found congress consistently sought standardize treatment costs federal courts make uniform make law explicit definite petitioner interpretation result virtually random application basis laws address problem controlling abuses judicial processes specifically allowing definition costs vary depending phraseology underlying statute create system attorney sanctions roadway view lawyers cases brought statutes authorizing fees part costs face stiffer penalties prolonging litigation attorneys persuasive justification subjecting lawyers different areas practice differing sanctions dilatory conduct processes may abused commercial case civil rights action without express indication congressional intent must hesitate reach imaginative outcome urged roadway particularly plausible construction flows viewing costs uniformly limited items set forth number reasons costs term used federal rules interpreted uniformly accordance definition costs set forth first limited history costs provisions federal rules suggests drafters intended costs mean taxable costs traditionally allowed common law pursuant statutory predecessor nowhere suggested meaning taxable costs might vary case case depending language substantive statute involved practice cut drafters intent create uniform procedures applicable every action federal fed rule civ proc second rules provide costs may automatically taxed clerk one day notice fed rule civ proc strongly suggesting costs intended refer routine readily determinable charges appropriately left clerk single day notice settlement appropriate attorney fees awardable frequently entail lengthy disputes hearings obviously fall within category third particular provisions federal rules intended encompass attorney fees explicitly eleven different provisions rules authorize award attorney fees expenses particular circumstances demonstrating drafters knew difference intended difference costs expenses attorney fees fourth exception one recent appeals opinion two recent district opinions point authority suggesting courts attorneys ever viewed provisions rule including attorney fees yet rule effect years potentially applied numerous fee statutes time fact defense bar develop practice seeking shift reduce fees rule persuasive evidence trial lawyers interpreted rule accordance definition costs delta air lines august fifth previously held words phrases federal rules must given consistent usage read pari materia reasoning otherwise attribute schizophrenic intent drafters applying plain language approach consistently throughout rules however produce absurd results turn statutes like heads plainly violate restraints imposed judicial rulemaking rules enabling act example rule provides costs shall allowed course prevailing party unless otherwise directs similarly plain language rule provides plaintiff covered rule must pay costs incurred making offer language requiring plaintiff bear postoffer costs defendant postoffer costs costs used provisions interpreted include attorney fees virtue wording losing civil rights plaintiffs required plain language rule pay defendant attorney fees prevailing plaintiffs falling within rule required bear defendant postoffer attorney fees addressed troubling consequence plain language approach perhaps acknowledged reading conflict directly allows award attorney fees prevailing defendant suit vexatious frivolous brought harass embarrass defendant substantive standard set forth therefore overrides otherwise plain meaning rules precisely point ways unless engage schizophrenic construction delta air lines august supra word costs used federal rules either allow inclusion attorney fees word costs subsume attorney fees alter fundamentally nature attorney fee legislation roadway express piper avoid extreme result still interpreting rule include fees circumstances however select ad hoc basis features read rule process construction constitute nothing short standardless judicial lawmaking ibid sixth federal rules drafters intended rule uniform consistent application proceedings federal see supra accordance intent rule interpreted provide uniform consistent incentives encourage settlement litigation delta air lines august supra yet today decision lead dramatically different settlement incentives depending minor variations phraseology underlying statutes distinctions appear nothing short irrational plausible explanation congress enacted well attorney fees statutes many appear affected today decision appendix dissent illustrates congress employed variety slightly different wordings statutes sometimes referred awarding attorney fees part costs costs including attorney fees attorney fees litigation costs plain language approach today decision rule operate include potential loss otherwise recoverable attorney fees incentive settlement litigation statutes congress frequently referred statutes awarding costs reasonable attorney fee costs together reasonable attorney fee simply attorney fees without reference costs plain language analysis rule obviously include potential loss otherwise recoverable attorney fees settlement incentive litigation statutes refer fees costs result sanction senseless patchwork fee shifting flies face fundamental purpose federal rules provision uniform consistent procedure federal courts construction introduce rule distinctions unrelated goal result virtually random application rule roadway express piper supra example two consumer safety statutes motor vehicle information cost savings act consumer product safety act enacted congressional session similar purpose structure authorize promulgation safety standards provide private rights action violations requirements authorize awards attorney fees motor vehicle act however authorizes award fees costs consumer product safety act authorizes costs including fees today decision successful plaintiff requirements rule otherwise met barred recovering otherwise reasonable attorney fees defective toaster consumer product safety act defective bumper motor vehicle act yet nothing history either act history rule supports bizarre differentiation untenable character distinctions illustrated reference various civil rights laws example suits involving alleged discrimination housing frequently brought fair housing act suits involving alleged gender discrimination often brought equal pay act title vii civil rights act yet variations wording attorney fee provisions statutes today decision require fees excluded rule purposes fair housing act included purposes fees excluded purposes equal pay act included purposes title vii difficult enough apply rule numerous cases seeking relief fees costs fees costs statutes importantly absolutely reason believe either congress drafters rules eager induce settlement litigation fair housing act litigation intended sterner settlement incentives title vii cases equal pay act cases moreover many statutes contain several provisions governing actions arising different subsections phraseology provisions sometimes differs slightly section section simply preposterous think congress drafters rules intended sanction differing applications rule depending particular subsection inter alia privacy act home owners loan act outer continental shelf lands act amendments interstate commerce act plaintiff happened invoke sum nothing history structure rules history underlying attorney fee statutes justify incomprehensible distinctions based simply fine linguistic variations among underlying statutes particularly roadway express cost provision read embodying uniform definition derived partners congress responsibility carry plain language constructions point producing untenable distinctions unreasonable results american tobacco patterson see also supra justice rehnquist joined chief justice justice stewart cogently reasoned delta air lines august dissenting opinion interpreting rule allow system attribute woode pervers motives congress drafters rules persuasive justification exists subjecting plaintiffs differing penalties failure accept rule offer persuasive justification offered reading rule way intent rule encourage settlement uniform basis ii although opinion fails discuss problems reviewed devote space arguing interpretation rule sense inconsistent congressional policies underlying ante goes far assert interpretation fits smoothly interpreted hensley eckerhart ante wrong congress instructed attorney fee entitlement governed reasonableness standard today always recognized standard precludes reliance mechanical rules automatically denying portion fees acknowledging mathematical approach es provide little aid determining reasonable fee light relevant factors although starting point always number hours reasonably expended litigation end inquiry number considerations set forth legislative history may lead district adjust fee upward downward emphasis added also emphasized district necessarily discretion making equitable judgment superior understanding litigation section reasonableness standard sum acutely sensitive merits action antidiscrimination policy roadway express piper rule hand sensitive merits action antidiscrimination policy mechanical per se provision automatically shifting costs incurred offer rejected deprives district discretion respect matter using strongest verb type known english language must delta air lines august supra potential conflict rule apparent course civil rights plaintiff unreasonably fails accept settlement offer thereafter recovers less proffered amount settlement barred recovering fees unproductive work performed wake rejection extent plaintiff success crucial factor determining proper amount award attorney fees emphasis added hours excessive redundant otherwise unnecessary must excluded calculus extent results might sometimes either reasonableness inquiry wooden application rule allowed seventh circuit remand instant case stand example district conducting appropriate inquiry might well determined much even respondent postoffer fees unreasonably incurred therefore properly awardable results rule always congruent mandates careful consideration broad range factors accords appropriate leeway district informed discretion contrary protestations clear case presents good example smooth interplay rule ante never evidentiary consideration reasonableness unreasonableness respondent fee request clear however interpretation rule plaintiff ultimately recovers slightly less proffered amount settlement per se barred recovering trial fees even otherwise obtained excellent results litigation benefit public interest hensley eckerhart supra today decision necessarily require disallowance fees otherwise passed muster reasonableness standard nothing legislative history even vaguely suggesting congress intended result argues however interpretation rule neutral favoring neither plaintiffs defendants ante contention also plainly wrong judicial conference advisory committee federal rules civil procedure noted twice recent years rule street available defending claims claimants interpreting rule current version include attorney fees lead number skewed settlement incentives squarely conflict congress intent discuss one example rule allows offer made time complaint filed gives plaintiff days accept reject decision inevitably encourage defendants know violated law make offers immediately suit filed plaintiffs able obtain information entitled way discovery assess strength claims reasonableness offers result put severe pressure plaintiffs settle basis inadequate information order avoid risk bearing fees even reasonable discovery might reveal defendants subject far greater liability indeed rule offers may made recurrently without limitation defendants well advised make larger offers throughout discovery process plaintiffs conducted reasonably necessary discovery sort incentive fundamentally incompatible congress goals congress intended private citizens able assert civil rights violate nation fundamental laws able proceed impunity accordingly civil rights plaintiffs appear cloaked mantle public interest promote vigorous enforcement modern civil rights legislation congress directed private attorneys general shall deterred bringing good faith actions vindicate fundamental rights involved yet requiring plaintiffs make wholly uniformed decisions settlement offers risk automatically losing postoffer fees matter circumstances notwithstanding excellent results might achieve full picture emerges work deterrent effect difficulties follow decision example plaintiff recovers less money offered trial obtains potentially injunctive declaratory relief altogether unclear intends judges go quantifying value plaintiff success decision raises additional problems concerning representation conflicts interest context civil rights class actions difficult policy questions mean suggest stronger settlement incentives necessarily conflict effective enforcement civil rights laws contrary discussion policy considerations point one direction question whether extent attorney fees included within rule provoked sharp debate congress advisory committee federal rules among commentators offered interesting arguments based economic analysis settlement incentives aggregate results ante believe judge posner better argument concluding incentives created interpreting rule current form include attorney fees cu grain section event modification rule encompass fees congress courts indeed judgment appeals turned determination interpretation rule include attorney fees beyond pale judiciary rulemaking authority ibid congress delegated authority prescribe general rules practice procedure district courts courts appeals civil actions grant limited however condition uch rules shall abridge enlarge modify substantive right ibid right attorney fees substantive reasonable definition term section enacted pursuant fourteenth amendment house senate reports recurrently emphasized fee awards integral part remedies necessary obtain compliance civil rights laws redress violations statutory attorney fees remedies set forth far like new causes action tied specific rights like background procedural rules governing litigation hensley eckerhart brennan concurring part dissenting part see also make litigation process accurate efficient parties even clearly statute limitations issue ragan merchants transfer warehouse designed instead achieve substantive objective compliance civil rights laws construed today rule surely operate abridge modify statutory right reasonable attorney fees test must whether rule really regulates procedure judicial process enforcing rights duties recognized substantive law justly administering remedy redress disregard infraction instead operates abridge substantive right guise regulating procedure sibbach wilson emphasis added see also hanna plumer unlike provisions federal rules explicitly authorize award attorney fees rule addressed unreasonable litigation conduct courts always inherent authority assess fees parties act bad faith vexatiously wantonly oppressive reasons alyeska pipeline service wilderness society assessment fees parties whose unreasonable conduct violated rules litigation falls comfortably courts authority administer remedy redress disregard infraction rules sibbach wilson supra rule hand contains reasonableness component see supra interpreted operate divest prevailing plaintiff fees otherwise might entitled reasonableness standard simply guessed wrong information reasonably necessary evaluate offer unforeseen changes law evidence offer interpretation rule therefore clearly collides congressionally prescribed substantive standards rules enabling act requires interpretation give way addressed central issue perhaps reasoned rule interpreted include attorney fees merely procedural device designed important policy encouraging efficient prompt resolution disputes respect refashioning settlement incentives squarely foreclosed decision alyeska pipeline service wilderness society held inappropriate judiciary without legislative guidance reallocate burdens litigation beyond handful limited circumstances encompass today decision apparent circumstances attorney fees awarded range discretion courts making awards matters congress determine emphasis added courts free fashion drastic new rules respect allowance disallowance attorney fees permitting mechanical per se rule supplant congressionally prescribed reasonableness standard divesting courts discretion congress intended exercise assumed forbidden roving authority make major inroads policy matter congress reserved matters whether roving authority exercised basis interpreting federal rule promulgated pursuant congress delegation rulemaking authority either event result abridge modify substance guise regulating procedure sibbach wilson supra iii several years judicial conference congress engaged extensive reexamination rule considered numerous proposals amend rule include attorney fees advisory committee federal rules initially proposed amendment rule august applied equally plaintiffs defendants left application rule fee provisions informed discretion proposal received extensive criticism subsequently replaced revised version september attorney fee provisions proposal apply determined offer rejected unreasonably proposal sets forth detailed factors assessing reasonableness rejection public hearings proposed amendment held several months ago meantime numerous revisions proposed congress recent years proposal imposed rule similar adopted today drew sharp opposition legislative hearings never voted subcommittee subsequent proposals effect similar fate legislation introduced adopted rule subject qualification failure accept settlement offer reasonable time failure occurred hearings held legislation never voted subcommittee activity relevant two respects first rather strongly suggests neither advisory committee congress viewed rule currently governing attorney fees else proposals amend rule include attorney fees largely unnecessary second committee congress given close consideration broad range troubling issues raised application rule attorney fees whether import reasonableness standard rule whether extent district courts discretion applying rule need revise rule ensure offerees sufficient time discovery evaluate strength cases reasonableness settlement offers application rule suits nonpecuniary relief application rule litigation conflicts interest attorneys clients rule might create precise nature scope sanction many proposals discussed carefully crafted address problems see nn supra congress judicial conference far institutionally competent resolve matter issue us least ambiguous plain language approach leads many inexplicable inconsistencies operation rules substantive statutes stayed hand allowed avenues amending rule pursued circumstances decision contrary constitutes poor judicial administration well poor law renders even imperative need congress judicial conference resolve problem dispatch appendix opinion brennan dissenting statutes refer attorney fees part costs variations include attorney fees taxed collected part costs costs including attorney fees attorney fees litigation costs plain language approach various formulations defin costs include attorney fees ante thus action otherwise governed rule attorney fees potentially awardable statutes included costs purposes rule ibid statutes refer attorney fees part costs many fee statutes describe fees costs instead item separate costs typical formulations include costs reasonable attorney fee costs together reasonable attorney fee costs expenses reasonable attorney fee statutes simply authorize awards fees without reference costs plain language approach none formulations defin costs include attorney fees ibid thus action otherwise governed rule attorney fees potentially awardable statutes subject rule instead evaluated solely reasonableness standard summarized hensley eckerhart statutes may may refer attorney fees part costs number statutes authorize award costs expenses including attorney fees altogether uncertain statutes categorized plain language approach rule one hand phrase including attorney fees read modifying word costs least part attorney fees potentially awardable statutes arguably subject rule hand including attorney fees read modifying word expenses seems plausible plain meaning fees statutes subject rule instead governed solely reasonableness standard summarized hensley eckerhart supra following summary statutes enacted congress authorizing courts award attorney fees broken three categories discussed explained either congress drafters federal rules might intended create disparate settlement incentives based minor variations phraseology attorney fee statutes attorney fees referred costs privacy act government sunshine act commodity exchange act stat amended packers stockyard act stat amended perishable agricultural commodities act stat amended agricultural fair practices act stat home owners loan act stat amended bank holding company act amendments stat clayton antitrust act stat amended antitrust improvements act stat amended unfair competition act stat securities act stat amended trust indenture act stat securities exchange act stat amended jewelers act stat amended consumer product safety act stat amended hobby protection act stat export trading company act stat national cooperative research act stat supp iii national historic preservation act amendments stat endangered species act stat amended public utility regulatory policies act stat copyright act stat semiconductor chip protection act stat supp iii racketeer influenced corrupt organizations act omnibus crime control safe streets act jury system improvement act rehabilitation act stat surface mining control reclamation act stat deep seabed hard mineral resources act stat federal oil gas royalty management act stat federal water pollution control act stat marine protection research sanctuaries act stat deepwater ports act stat act prevent pollution ships stat safe drinking water act stat amended ii voting rights act stat amended civil rights attorney fees awards act stat civil rights institutionalized persons act stat title ii civil rights act stat title iii civil rights act stat title vii civil rights act stat privacy protection act stat noise control act stat comprehensive older americans act amendments stat energy policy conservation act stat resource conservation recovery act stat clean air act stat clean air act amendments stat powerplant industrial fuel use act stat ocean thermal energy conversion act stat outer continental shelf lands act amendments stat railway labor act stat amended shipping act stat amended merchant marine act stat amended shipping act stat app supp iii communications act stat cable communications policy act stat supp iii natural gas pipeline safety act stat amended app hazardous liquid pipeline safety act stat app interstate commerce act foreign intelligence surveillance act stat attorney fees referred costs plant variety act stat bankruptcy act amended home owners loan act stat amended national housing act stat amended federal credit union act stat amended federal deposit insurance act stat amended real estate settlement procedures act stat amended right financial privacy act stat securities exchange act stat amended trademark act stat amended national traffic motor vehicle safety act stat act stat amended consumer leasing act stat consumer credit protection act stat consumer credit protection act stat consumer credit protection act stat electronic fund transfer act stat interstate land sales full disclosure act stat amended motor vehicle information cost savings act stat amended toxic substances control act stat petroleum marketing practices act stat condominium cooperative abuse relief act stat alaska national interest lands conservation act stat navajo hopi indian relocation amendments act stat tax reform act stat judicial code equal access justice act act stat fair labor standards act stat amended reporting disclosure act stat age discrimination employment act stat amended employee retirement income security act stat amended multiple mineral development act stat state local fiscal assistance act stat amended longshoremen harbor workers compensation act stat amended patent infringement act stat servicemen group life insurance act stat social security act stat amended atomic energy act stat legal services corporation act stat amended fair housing act stat mobile home construction safety standards act stat amended comprehensive environmental response compensation liability act stat outer continental shelf lands act amendments stat alaska national interest lands conservation act stat act mar stat interstate commerce act household goods transportation act stat amended costs expenses including attorney fees warranty federal trade commission improvement act stat multiemployer pension plan amendments act stat federal mine safety health act stat stat surface mining control reclamation act stat uniform relocation assistance real property acquisition policies act stat nuclear regulatory commission appropriations authorization stat railroad revitalization regulatory reform act stat amended rule provides time days trial begins party defending claim may serve upon adverse party offer allow judgment taken money property effect specified offer costs accrued within days service offer adverse party serves written notice offer accepted either party may file offer notice acceptance together proof service thereof thereupon clerk shall enter judgment offer accepted shall deemed withdrawn evidence thereof admissible except proceeding determine costs judgment finally obtained offeree favorable offer offeree must pay costs incurred making offer fact offer made accepted preclude subsequent offer liability one party another determined verdict order judgment amount extent liability remains determined proceedings party adjudged liable may make offer judgment shall effect offer made trial served within reasonable time less days prior commencement hearings determine amount extent liability section provides judge clerk may tax costs following fees clerk marshal fees reporter part stenographic transcript necessarily obtained use case fees disbursements printing witnesses fees exemplification copies papers necessarily obtained use case docket fees section title compensation appointed experts compensation interpreters salaries fees expenses costs special interpretation services section title bill costs shall filed case upon allowance included judgment decree civil rights attorney fees awards act stat amended section provides relevant part action proceeding enforce provision sections title title ix public law title vi civil rights act discretion may allow prevailing party reasonable attorney fee part costs see pp pp sands sutherland statutory construction ed see also absolutely literal reading statutory provision irreconcilably war clear congressional purpose less literal construction must considered lynch overholser decisions repeatedly warned dangers approach statutory construction confines bare words statute literalness may strangle meaning brown canon favor strict construction inexorable command override common sense evident statutory purpose require magnified emphasis upon single ambiguous word order give meaning contradictory fair import whole remaining language cf harrison northern trust words inexact tools best section provided attorney multiplies proceedings case increase costs unreasonably vexatiously may required satisfy personally excess costs section amended roadway express require payment excess costs expenses attorneys fees reasonably incurred conduct pub stat taken logical limit argument federal rules come definition costs mean courts applying rules costs provisions altogether ignore defining taxable costs surely mean endorse result proper question seems instead whether sets forth definition costs purposes applying rules whether courts may pick choose among statutes adding items enumeration set forth rule modifies general provisions set forth rule see delta air lines august infra advisory committee notes rule emphasized terms statutory predecessor unaffected rule suggesting drafters intend alter uniform definition costs set forth statute moreover drafters cited article authority present rule emphasized fundamental essential common law doctrines distinctions costs fees distinction costs fees carefully borne mind payne costs common law actions federal courts rev emphasis original cited article continued stating statutory predecessor designed reduce expense proceedings federal courts secure uniform rules throughout intention congress establish provisions act exclusive law costs courts seems clear declarations interdictions act seem object substitute provisions secure uniform rules emphasis added probably provision federal rules important mandate wright miller federal practice procedure wright miller see also moore federal practice ed moore major argument rule drafted already disparity phraseology statutes many provisions authorized award fees costs therefore unlikely drafters intended uniform definition costs ante set forth however limited history strongly indicates drafters intended secure uniform rules costs uniform definition contained statutory predecessor unaffected rules see supra page moreover application interpretation statutes effect led inexplicable variations settlement incentives see infra variations plausible explanation absence indication drafters congress intended schizophrenic application rules delta air lines august supra reasonable inference ante contrary pronouncement rule intended conform general policy uniformity applying rules see generally derfner wolf awarded attorney fees chs chs see fed rules civ proc signing pleadings motions papers violation rule noncompliance rules respecting pretrial conferences certification discovery requests responses objections made violation rule failure party giving notice deposition attend failure party giving notice deposition serve subpoena witness conduct necessitating motion compel discovery failure obey discovery orders expenses failure admit failure party attend deposition serve answers interrogatories respond request inspection failure participate good faith framing discovery plan affidavits made bad faith ante citing fulps springfield waters heublein supp nd cal scheriff beck supp cases contrary see dowdell apopka white new hampshire dept employment security rev grounds piguead mclaren association retarded citizens olson supp nd modified greenwood stevenson ri rule provides full except express provision therefor made either statute rules costs shall allowed course prevailing party unless otherwise directs costs officers agencies shall imposed extent permitted law costs may taxed clerk one day notice motion served within days thereafter action clerk may reviewed precisely rule applied respect ordinary items taxable costs see generally wright miller moore hensley eckerhart see also hughes rowe per curiam christiansburg garment eeoc also might argued defendant may recover postoffer attorney fees plain language rule prevailing party within meaning made clear however party may prevail elements litigation others see hensley eckerhart supra thus plaintiff prevail purposes preoffer fees defendant viewed prevailing party purposes postoffer fees shifting fees defendant circumstances plainly violate reasons set forth text substantive standards must therefore override otherwise plain language approach taken congress also enacted statutes providing award costs expenses including attorney fees see infra unclear plain language provisions interacts rule including attorney fees read referring least part costs fees awards statutes subject rule including attorney fees naturally read modifying preceding word expenses fees awards statutes governed rule stat amended et seq stat amended et seq stat costs reasonable attorney fee shall awarded stat amended costs suit including reasonable attorney fees stat et seq section provides citizens shall right every state territory enjoyed white citizens thereof inherit purchase lease sell hold convey real personal property see generally jones alfred mayer stat stat amended et seq stat costs reasonable attorney fees emphasis added attorney fee awards actions governed terms see supra attorney fee awards actions equal pay act governed fee provisions fair labor standards act flsa stat amended reasonable attorney fee costs action emphasis added stat reasonable attorney fee part costs emphasis added noted hensley eckerhart many civil rights cases involve common core facts based related legal theories make difficult apportion attorney fee request among various claims lawsuit viewed series discrete claims instead district focus significance overall relief obtained plaintiff relation hours reasonably expended litigation ibid offers guidance lower courts go applying hensley standard cases rule requires conflicting results closely related claims fact senate report specifically addressed interplay fair housing act emphasized congress intent abolish anomalous gaps two statutes make consistent respect attorney fee awards respect statutes enacted prior relies evidence drafters congress intent sanction chameleonic definition costs ante inexplicable scheme result example flsa stat et railway labor act stat et designed regulate hours wages covered employees provide private causes action recovery reasonable attorney fees flsa provides fees costs stat whereas railway labor act provides fees part costs stat point nothing suggesting congress intended similarly situated employees subject different attorney fee standards statutes compare privacy act reasonable attorney fees litigation costs costs action together reasonable attorney fees compare home owners loan act stat amended cost suit including reasonable attorney fee stat amended reasonable expenses attorneys fees compare outer continental shelf lands act amendments stat costs litigation including reasonable attorney expert witness fees stat damages including reasonable attorney expert witness fees costs attorneys fees compare interstate commerce act attorney fee part costs reasonable attorney fee addition costs majority delta air lines reach issue rule application attorney fees chief justice implicitly justice rehnquist explicitly today repudiated view delta air lines see ante ante rehnquist concurring among factors congress intended courts consider time labor required novelty difficulty questions skill requisite perform legal service properly preclusion employment attorney due acceptance case customary fee whether fee fixed contingent time limitations imposed client circumstances amount involved results obtained experience reputation ability attorneys undesirability case nature length professional relationship client awards cases hensley eckerhart see also might argued rule provisions merely serve define one aspect reasonableness within meaning hensley eckerhart supra argument foreclosed congress rejection per se mathematical approach es end inquiry without allowing consideration relevant factors indeed plain language authorizes inclusion costs attorney fees determined reasonable see supra provisions rule necessarily come play respect reasonable attorney fees given congress enumerated factors consider applying reasonableness standard see nn supra given per se provisions rule nowhere mentioned legislative history basis believe congress intended modify reasonableness standard context settlement offers moreover previously noted congress use word costs one purpose one purpose permit award attorney fees state notwithstanding eleventh amendment see hutto finney advisory committee note proposed amendment rule advisory committee note proposed amendment rule emphasis added see generally northcross memphis board education per curiam newman piggie park enterprises per curiam hensley eckerhart judicial conference advisory committee federal rules emphasized unfairness forcing party make decision enough discovery appraise strengths weaknesses claim defense thus proposed extension rule attorney fees connection measures ensure offeree information entitled way discovery rules appraise fairness offer advisory committee note proposed amendment rule example plaintiff unable prove actual damages trial recovers nominal damages nevertheless demonstrates unconstitutionality challenged practice obtains injunction surely prevailing party within meaning plaintiff earlier rejected offer get rid controversy damages portion suit fall within rule interpreted today decision yet previously emphasized plaintiff failed recover damages obtained injunctive relief vice versa may recover fee award based hours reasonably expended relief obtained justified expenditure attorney time hensley eckerhart supra see also brennan concurring part dissenting part civil rights remedies often benefit large number persons many involved litigation making difficult evaluate particular lawsuit really worth stand gain spread costs obtaining relief among problem compounded fac monetary damages often important part recovery sought statutes enumerated although courts must therefore evaluate value nonpecuniary relief deciding whether judgment favorable offer within meaning rule uncertainty making assessments surely add pressures plaintiff settle suit even abandons opportunity obtain potentially nonmonetary relief discouraging incentive entirely odds congress intent see course difficulties assessing value nonpecuniary relief inherent rule operation whether rule applies attorney fees rule interpreted simply affecting several hundred several thousand dollars traditionally taxable costs inherent problems little practical significance rule applies situations vital question attorney fees problems assume major significance like question injunctive relief see supra problems inherent rule inconsequential long operation rule limited taxable costs defined rule extended many attorney fee provisions difficulties expected create substantial problems administering class actions uits alleging racial ethnic discrimination often nature class suits involving classwide wrongs general telephone falcon rule makes distinctions individual class actions yet advisory committee recently cautioned context offeree rejection burden named risk exposure heavy liability costs expenses recouped unnamed class members lead conflict interest named representatives members class advisory committee note proposed amendment rule moreover rule requires approval class action compromised rule protects class members unjust unfair settlements affecting rights representatives lose interest able secure satisfaction individual claims compromise moreland rucker pharmacal wd la yet rule mesh careful supervision plain language requires simply upon plaintiff acceptance clerk shall enter judgment addition rule sets nondiscretionary limit plaintiff power acceptance virtually impossible amount time many cases consider likely merits complex claims relief give notice class members secure approval addition sources cited nn infra see branham offer judgment rule response chief justice john marshall rev fiss comment settlements yale shavell suit settlement trial theoretical analysis alternative methods allocation legal costs legal studies simon rule crossroads relationship offer judgment statutory attorney fees cin rev notes impact proposed rule civil rights litigation colum rev note rule new tool litigation duke offer judgment statutorily authorized attorney fees reconciliation scope purpose rule rev offer judgment rule employment discrimination actions fundamental incompatibility golden gate rev notes proposed amendment federal rule civil procedure toughening sanctions iowa rev section provides relevant part shall power prescribe general rules forms process writs pleadings motions practice procedure district courts courts appeals civil actions including admiralty maritime cases appeals therein practice procedure proceedings review courts appeals decisions tax judicial review enforcement orders administrative agencies boards commissions officers rules shall abridge enlarge modify substantive right shall preserve right trial jury common law declared seventh amendment constitution emphasis added see also maine thiboutot helpful way defining substantive rule particularly substantive right act refers right granted one nonprocedural reasons purpose purposes fairness efficiency litigation process ely irrepressible myth erie harv rev exceptions include recovery attorney fees common fund recovery attorney fees opposing party acted bad faith willful disobedience order see summit valley industries carpenters alyeska pipeline service wilderness society untenable assert congress although determined prevent courts judicial interpretation mak ing major inroads policy matter congress reserved approve identical result achieved judicial rulemaking note conflict rule civil rights attorneys fee statute reinterpreting rules enabling act harv rev quoting alyeska pipeline service wilderness society supra proposed rule provided time days trial begins party may serve upon adverse party offer denominated offer rule settle claim money property effect specified offer enter stipulation dismissing claim allow judgment entered accordingly offer shall remain open days unless authorizes earlier withdrawal offer accepted writing within days shall deemed withdrawn evidence offer admissible except proceeding enforce settlement determine costs expenses judgment finally entered favorable offeree unaccepted offer remained open days offeree must pay costs expenses including reasonable attorneys fees incurred offeror making offer interest date offer amount money claimant offered accept extent interest otherwise included judgment amount expenses interest may reduced extent expressly found statement reasons excessive unjustified circumstances determining whether final judgment less favorable offeree offer costs expenses parties shall excluded consideration costs expenses interest shall awarded offeror found made offer bad faith fact offer made accepted preclude subsequent offer liability one party another determined verdict order judgment amount extent liability remains determined proceedings party may make offer settlement rule shall effective period time days authorized rule shall apply class derivative actions rules committee rules practice procedure judicial conference preliminary draft proposed amendment federal rules civil procedure reprinted see generally proposed amendments federal rules civil procedure hearings advisory committee civil rules judicial conference washington proposed amendments federal rules civil procedure hearings advisory committee federal rules civil procedure judicial conference los angeles revised proposed rule provides time days service summons complaint party less days days trial either party may serve upon party shall file written offer denominated offer rule settle claim money property relief specified offer enter stipulation dismissing claim allow judgment entered accordingly offer shall remain open days unless sooner withdrawn writing served offeree prior acceptance offeree offer remains open may accepted rejected writing offeree offer neither withdrawn accepted within days shall deemed rejected fact offer made accepted preclude subsequent offer evidence offer admissible except proceedings enforce settlement determine sanctions rule upon motion offeror within days entry judgment determines offer rejected unreasonably resulting unnecessary delay needless increase cost litigation may impose appropriate sanction upon offeree making determination shall consider relevant circumstances time rejection including apparent merit lack merit claim subject offer closeness questions fact law issue whether offeror unreasonably refused furnish information necessary evaluate reasonableness offer whether suit nature test case presenting questions importance affecting relief might reasonably expected claimant prevail amount additional delay cost expense offeror reasonably expected incur litigation prolonged determining amount sanction imposed rule also shall take account extent delay amount parties costs expenses including reasonable attorney fees incurred offeror result offeree rejection interest earned prevailing rates amount claimant offered accept extent interest otherwise included judgment burden sanction offeree rule shall apply class derivative actions rules committee rules practice procedure judicial conference preliminary draft proposed amendments federal rules civil procedure reprinted see generally proposed amendments federal rules civil procedure hearings standing committee rules practice procedure advisory committees civil criminal rules judicial conference washington proposed amendments federal rules civil procedure hearings standing committee rules practice procedure advisory committees civil criminal rules judicial conference san francisco subcommittee hearings senator hatch submitted proposed amendment sess provided fee shall awarded compensation part litigation subsequent declined offer settlement offer substantially favorable prevailing party relief ultimately awarded attorney fees awards hearings subcommittee constitution senate committee judiciary see see also municipal liability hearings supra see sess sess sess award attorney fees related expenses subject provisions act may made services performed subsequent time written offer settlement made party offer accepted administrative officer finds relief finally obtained party favorable party offer settlement failure party accept offer settlement reasonable time failure occurred see legal fees equity act hearings constitution senate committee judiciary sess list purport complete enumeration statutes authorizing attorney fees moreover suggest statutes necessarily governed rule provisions