Cases: Civil Rights

Cases Under Review/Civil Rights: Washington District Court Decision Denying Civil Rights Fees To Nonprofit Organization Contesting Municipal Regulation Near Zoo Might Get Reversed

Cases: Cases Under Review, Cases: Civil Rights

  At Least One Circuit Judge Thinks Denial Was Erroneous.      In Higher Taste v. City of Tacoma, Case No. C10-5252BHS (W.D. Wash. Doc. 54 filed 11/22/11), U.S. District Judge Benjamin H. Settle denied a nonprofit plaintiff’s request for attorney’s fees under the civil rights statute (42 U.S.C. § 1988(b)) after nonprofit obtained a preliminary

Civil Rights/SLAPP: Winning Post-Appeal Defendants Properly Awarded SLAPP Fees Against Plaintiff In Civil Rights Case

Cases: Civil Rights, Cases: SLAPP

  Appellate Court Refused to Inject Civil Rights Fee “Frivolity” Standards Into SLAPP Mandatory Fee Recovery Statute.      In Williams v. County of Los Angeles, Case No. B234100 (2d Dist., Div. 5 Nov. 8, 2012) (unpublished), plaintiff was hit with post-appeal SLAPP fees of over $40,000 when defendants successfully defended a SLAPP grant in a

Civil Rights: Fee Guidelines For EAJA

Cases: Civil Rights

Civil Rights: Ninth Circuit Guidelines For Fee Awards Under EAJA      The Ninth Circuit’s “Attorney Fees and Recoverable Expenses Under the Equal Access to Justice Act (EAJA)” includes interesting guidelines for practitioners seeking fees under EAJA.      It establishes that eligible parties encompass an individual client having a net worth under $2 million. (28 U.S.C.

Civil Rights: U.S. Supreme Court Reverses Fourth Circuit’s Refusal To Award Attorney’s Fees To Civil Rights Plaintiff Obtaining Injunctive Relief

Cases: Civil Rights

  Instead, Injunctive or Declaratory Relief Usually Will Materially Alter the Parties’ Relationships.      The United States Supreme Court, in a unanimous, per curiam summary decision (no merits briefing/no oral argument), reversed the Fourth Circuit Court of Appeals’ denial of attorney’s fees in a case where a plaintiff won injunctive relief (but not even nominal

Civil Rights: Fee/Costs Award Against Losing § 1983 Plaintiff Vacated Because Civil Rights Claims Were Not Frivolous In Nature

Cases: Civil Rights

  Ninth Circuit Affirms § 1983 Defense Summary Judgments, But Does Not Find Plaintiff’s Claims Were Groundless, Without Foundation, Frivolous, or Unreasonable in Nature.      42 U.S.C. § 1988 has a tough standard for prevailing defendants to hurdle in order to gain attorney’s fees recovery against a losing plaintiff in a § 1983 civil rights

Civil Rights: Federal First Circuit Court Of Appeals Finds That Fee Reduction For Rejecting Pretrial Settlement Above Amount Of Eventual Damages Was Improper

Cases: Civil Rights

  Attorney Should Not Be Penalized for Civil Rights Plaintiff’s Choice To Go To Trial.      As reported at Law Blog on October 12, 2012, the First Circuit Court of Appeals has issued an interesting civil rights fee decision in Diaz v. Jiten Hotel Mgt., Inc., Case No. 11-2400 (1st Cir. Oct. 12, 2012).     

Civil Rights: $50,858.44 Attorney’s Fees Award To FEHA Prevailing Plaintiff Affirmed Even Though Compensatory Damages Were Only $10,000

Cases: Civil Rights

  Invited Error Doomed Defense Primary Argument on Appeal.      In Alamo v. Practice Mgt. Information Corp., Case No. B230909 (2d Dist., Div. 7 Sept. 24, 2012) (unpublished), plaintiff prevailed on a complaint alleging California Fair Employment and Housing Act (FEHA) violations as well as a state law wrongful termination claim. Plaintiff recovered compensatory damages

In The News . . . . Western District Missouri District Judge Indicates Intention To Award Fees Against American Disabilities Act Plaintiff And In Favor Of 12 Businesses For Groundless Suits, And Governor Brown Signs ADA Shakedown Prevention Legislation In

Cases: Civil Rights, In The News

       In a recent order, U.S. District Judge Richard Dorr of the Western District of Missouri ordered American Disabilities Act “serial” plaintiff Connie Stevenson to pay 12 defendants attorney’s fees according to future proof based on her filing 12 groundless complaints against different businesses. District Judge Dorr found she did not have standing based

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