Alaska Employment Law

EAJA fees:  Sedwick held that the plaintiff was entitled to attorney fees under the federal Equal Access to Justice Act because the government’s position wasn’t substantially justified.  He awarded fees at the cost-of-living adjusted maxima of $166/hr. (2007 work) and $176/hr. (2008) for services performed by Juneau attorneys James Baldwin and James Clark, with a reduction to $129/hr. for work performed by Clark after his summer 2008 suspension from practice by the Alaska Bar Association (when his services were restricted to law clerk or pralegal tasks).  

Sedwick refused to award an “expertise enhancement” to $200/hr. for either attorney: 

Although the court believes that counsel for Foley has ably represented him throughout this matter, knowledge of administrative law, even in a particular area of the law such an environmental or fisheries law, is not a specialized skill.

Foley v. U. S. Dep’t of Interior, 2009 WL 275648 (D.Alaska Feb. 5, 2009)

Sentencing guidelines:  Sedwick held that the new crack cocaine guidelines didn’t compel a further reduction in the defendant’s sentence.  U. S. v. Escobar, 2009 WL 277091 (D.Alaska Feb. 5, 2009) 

Social Security disability:  Sedwick affirmed the ALJ’s denial of disability benefits based on a claim of depression and HIV wasting disease.  He also found that the ALJ’s unexplained rejection of lay testimony was harmless error.  Sedwick did estop the SSA from recouping overpayments.  Grow v. Astrue, 2009 WL 275771 (D.Alaska Feb. 5, 2009)