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- Subject: WEST VIRGINIA UNIV. HOSPITALS, INC. v. CASEY, Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- WEST VIRGINIA UNIVERSITY HOSPITALS, INC. v. CASEY, GOVERNOR OF
- PENNSYLVANIA, et al.
-
- certiorari to the united states court of appeals for the third circuit
-
- No. 89-994. Argued October 9, 1990 -- Decided March 19, 1991
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- After petitioner West Virginia University Hospitals, Inc. (WVUH), prevailed
- at trial in its suit under 42 U. S. C. MDRV 1983 against respondent
- Pennsylvania officials over medicaid reimbursement rates for services
- provided Pennsylvania residents, the District Court awarded fees pursuant
- to MDRV 1988, which, inter alia, gives the court in certain civil rights
- suits discretion to allow the prevailing party "a reasonable attorney's fee
- as part of the costs." WVUH's award included fees attributable to an
- accounting firm and three doctors specializing in hospital finance hired to
- assist in the preparation of the suit and to testify. The Court of Appeals
- affirmed as to the merits, but reversed as to the expert fees, disallowing
- them except to the extent that they fell within the $30-per-day fees for
- witnesses provided by 28 U. S. C. 15 1920(3) and 1821(b).
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- Held: Fees for services rendered by experts in civil rights litigation may
- not be shifted to the losing party as part of "a reasonable attorney's fee"
- under MDRV 1988. Pp. 2-18.
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- (a) Sections 1920 and 1821(b) define the full extent of a federal
- court's power to shift expert fees, whether testimonial or nontestimonial,
- absent "explicit statutory authority to the contrary." Crawford Fitting
- Co. v. J. T. Gibbons, Inc., 482 U. S. 437, 439; see id., at 441. This
- Court will not lightly infer that Congress has repealed those sections
- through a provision like MDRV 1988 that does not refer explicitly to
- witness fees. See id., at 445. Pp. 2-4.
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- (b) Statutory usage before, during, and after 1976 (the date of MDRV
- 1988's enactment) did not regard the phrase "attorney's fees" as embracing
- fees for experts' services. Pp. 4-8.
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- (c) At the time of MDRV 1988's enactment, judicial usage did not regard
- the phrase "attorney's fees" as including experts' fees. Pp. 8-13.
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- (d) Where, as here, a statute contains a phrase that is unambiguous,
- this Court's sole function is to enforce it according to its terms. See,
- e. g., United States v. Ron Pair Enterprises, Inc., 489 U. S. 235, 241.
- Although chronology and the remarks of some sponsors of the bill that
- became MDRV 1988 suggest that it was viewed as a response to Alyeska
- Pipeline Service Co. v. Wilderness Society, 421 U. S. 240 (1975), the text
- of MDRV 1988 is both broader and narrower than the pre-Alyeska regime. The
- best evidence of congressional purpose is the statutory text, which cannot
- be expanded or contracted by the statements of individual legislators or
- committees during the enactment process. WVUH's argument that Congress
- would have included expert fees in MDRV 1988 if it had thought about it, as
- it did in the EAJA, and that this Court has a duty to ask how Congress
- would have decided had it actually considered the question, profoundly
- mistakes the Court's role with respect to unambiguous statutory terms. See
- Iselin v. United States, 270 U. S. 245, 250-251. Pp. 13-18.
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- 885 F. 2d 11, affirmed.
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- Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
- and White, O'Connor, Kennedy, and Souter, JJ., joined. Marshall, J., filed
- a dissenting opinion. Stevens, J., filed a dissenting opinion, in which
- Marshall and Blackmun, JJ., joined.
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