Baker Botts L.L.P. v. Asarco LLC — Breyer, J., Dissenting

Summary

Justice Breyer, joined by Justices Ginsburg and Kagan, dissents from the Court’s opinion, arguing that bankruptcy courts may consider the costs incurred in defending fee applications as relevant factors in determining reasonable compensation under 11 U.S.C. §330, and that the statute displaces the American Rule with respect to such fee‑defense work. The dissent contends that the majority’s narrow reading is unsupported and creates anomalies.