Louisiana v. Mississippi

Background

The Special Master applied for $64,829.50 to cover his work and help from six assistants: the Special Master billed 143.6 hours at $200, a four‑year associate billed 240.9 hours at $125, a first‑year associate billed 11.6 hours at $70, and summer law clerks billed 103.7 hours at $50.

Reasoning

The Court granted the Special Master’s application and ordered that one‑half of the total be paid by the plaintiff and one‑half by the defendants. The opinion notes the parties had agreed to the Special Master’s $200 hourly rate, so his charge was not questioned. However, a Justice writing in partial dissent expressed concern that the record lacks supporting evidence justifying the rates and hours charged for the associates and student assistants.

Real world impact

As ordered, the parties must split payment of the full requested amount unless further proceedings change that result. The dissent signals that courts reviewing Special Master fees may demand proof that assistant rates and billed hours are reasonable, especially for law students and junior associates. That scrutiny could affect how counsel documents staff time and supports requested rates in future fee applications.

Dissents or concurrances

One Justice dissented in part, emphasizing the public‑service role of a Special Master but objecting to $125, $70, and $50 hourly charges for associates and a law student without supporting evidence. Another Justice would have allowed only $40,000 in total fees.