green
Positive treatment
Quoted verbatim 5×
11.2 score
G Cite
cited 6× by 2 distinct cases ·
"the notion of 'prevailing party' is to be interpreted in a practical, not formal, manner."
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 50 distinct citers.
discussed
Cited "but see"
Michael E. MENNOR, Plaintiff-Appellee, v. the FORT HOOD NATIONAL BANK, Defendant-Appellant
But cf. Crawford Fitting Co., 107 S.Ct. at 2499 (Blackmun, J., concurring), 2500 n. 1 (Marshall, J., dissenting) (language suggesting the Fifth Circuit passage relied upon here to be dictum) 22 Laffey v. Northwest Airlines, Inc., 746 F.2d 4 , 11 n. 42, 30 (D.C.Cir.1984) (quoting Northcross v. Board of Educ., 611 F.2d 624 , 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980)), cert. denied, 472 U.S. 1021 , 105 S.Ct. 3488 , 87 L.Ed.2d 622 (1985); see also Curtis, 822 F.2d at 550, 553 ; Thornberry v. Delta Air Lines, Inc., 676 F.2d 1240 , 1241, 1244-45 (9th Cir…
discussed
Cited "but see"
Andrew S. Jacobs v. Anthony Mancuso, Etc.
But see, e.g., Northcross v. Board of Education, 611 F.2d 624, 639 (6th Cir.1979), ce rt. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 ; NAACP v. Detroit Police Officers Association, 620 F.Supp. 1173, 1194-95 (E.D.Mich.1985); Roe v. City of Chicago, 586 F.Supp. 513, 516 (N.D.Ill.1984); cf. Jones v. Armstrong Cork Co., 630 F.2d 324 , 325 & n. 1 (5th Cir.1980) (collecting cases). 7 .
discussed
Cited as authority (quoted)
Hadix v. Johnson
services devoted to reasonable monitoring of the court's decrees, both to insure full compliance and to ensure that the plan is indeed working ... are compensable services
discussed
Cited as authority (quoted)
Keith v. Volpe
the notion of 'prevailing party' is to be interpreted in a practical, not formal, manner.
discussed
Cited as authority (quoted)
Keith v. Volpe
the notion of 'prevailing party' is to be interpreted in a practical, not formal, manner.
discussed
Cited as authority (quoted)
Elliott v. Maine Unemployment Insurance Commission
contingency adjustments" and "contingency factors
discussed
Cited as authority (quoted)
Tasby v. Wright
no substantial difference between the provisions or purposes of the two statutes
cited
Cited "see"
Darren E. Boerckel v. William D. O'Sullivan
See Boerckel v. Illinois, 447 U.S. 911 , 100 S.Ct. 2998 , 64 L.Ed.2d 861 (1980).
cited
Cited "see"
Bowling v. Pfizer, Inc.
See Northcross v. Board of Ed. of Memphis City Schools, 611 F.2d 624, 642 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980). 39 .
discussed
Cited "see"
In Re Media Vision Technology Securities Litigation
See Northcross v. Board of Educ., 611 F.2d 624, 639 , cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1979); Ramos v. Lamm, 713 *1369 F.2d 546, 559 (long distance telephone expenses should be allowed as fees only if such expenses are usually charged separately in the area). 7 Although not all jurisdictions consider long distance phone calls taxable costs, the Ninth Circuit adopted the Northcross holding when the court decided that reasonable telephone costs were reimbursable.
discussed
Cited "see"
State v. Rudd
See Nastu v. State, 589 S.W.2d 434, 441 (Tex.Crim.App.1979), ce rt. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980); Ransonette v. State, 550 S.W.2d 36, 39 (Tex.Crim.App.1977); Smith v. State, 541 S.W.2d 831, 835 (Tex.Crim.App.1976), cert. denied, 430 U.S. 937 , 97 S.Ct. 1565 , 51 L.Ed.2d 783 (1977); Hill v. State, 504 S.W.2d 484, 487 (Tex.Crim.App.1974), overruled on other grounds, 591 S.W.2d 837 (1979); Gamboa v. State, 774 S.W.2d 111, 112 (Tex.App.—Fort Worth 1989, pet. ref'd); Gardner v. State, 745 S.W.2d 955, 958 (Tex.App.—Austin 1988, no pet.).
discussed
Cited "see"
John v. Crestwood Local School District
See Northcross v. Bd. Of Education of Memphis City Schools, 611 F.2d 624, 642-43 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980) ("a check list of factors to consider does not lead to consistent results ...
cited
Cited "see"
Keener v. Department of Army
See Northcross v. Board of Education, 611 F.2d 624, 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
Duran v. Carruthers
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Miller v. Carson, 628 F.2d 346 (5th Cir.1980); and Garrity v. Sununu, 752 F.2d 727 (1st Cir.1984).
discussed
Cited "see"
Duran v. Carruthers
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Miller v. Carson, 628 F.2d 346 (5th Cir.1980); and Garrity v. Sununu, 752 F.2d 727 (1st Cir.1984).
discussed
Cited "see"
Allen v. Freeman
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980); Vecchione v. Wohlgemuth, 481 F.Supp. 776 (E.D.Pa.1979).
discussed
Cited "see"
Mitchell Simmons, Bernard P. Penzien, as Personal Representative of the Estate of Sally Hill, Deceased v. Frank Debottis
See Student Public Interest Research Group of New Jersey, Inc. v. AT & T Bell Laboratories, 842 F.2d 1436 (3d Cir.1988) (post-Rivera decision remanding with concern for reduction in fee award under Hensley for failure to achieve complete success). 19 To the extent that our decisions in Northcross v. Board of Education of Memphis, 611 F.2d 624 (6th Cir.1979), cert. denied, 447 U.S. 911 (1980), and Kinney v. Rothchild, 678 F.2d 658 (6th Cir.1982), suggest that the size of a damages award cannot be a factor in determining an appropriate fee award, to that extent they appear to be overruled by Hen…
cited
Cited "see"
Alberti v. Sheriff of Harris County
See generally Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 637 (6th Cir.1979), ce rt. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980); Lindy Bros.
discussed
Cited "see"
Leila HOWARD, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant
Then again, the United States consented to be sued by SSI beneficiaries, 42 U.S.C. §§ 405 (g), 1383(c)(3); see Wright v. Califano, 603 F.2d 666, 670-72 (7th Cir.1979), certiorari denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); accord Huie v. Bowen, 788 F.2d 698, 705 (11th Cir.1986); Cash v. Califano, 621 F.2d 626, 632 (4th Cir.1980), and the fee-withholding motion herein was part of the proceedings brought by the SSI beneficiary to review the Secretary’s denial of her request for SSI and DIB awards.
discussed
Cited "see"
Yaris v. Special School Dist. of St. Louis County
See Northcross v. Board of Education, 611 F.2d 624, 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980) (award of attorneys' fees as part of costs under § 1988 includes reasonable expenses).
examined
Cited "see"
Rutana v. Commissioner
(4×)
See Northcross v. Board of Education of the Memphis City Schools , 611 F.2d 624 , 642-643 (6th Cir. 1979) , cert. denied 447 U.S. 911 (1980) .
cited
Cited "see"
Weber v. Weinberger
See Northcross v. Board of Education, 611 F.2d 624, 635 (6th Cir., 1979), cert. denied, 447 U.S. 911 , 2999 & 3000, 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Huie v. Bowen
See Wright v. Califano, 603 F.2d 666, 670 (7th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
ca11 1986
See Wright v. Califano, 603 F.2d 666, 670 (7th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980). 27 In addition to these claimants, this opinion potentially affects only disability recipients terminated by the Secretary who had "actions relating to medical improvement" pending in federal courts of this circuit on September 19, 1984. 28 AFFIRMED. * Honorable Edward Dumbauld, Senior U.S. District Judge for the Western District of Pennsylvania, sitting by designation 1 All of the consolidated cases were pending in federal district court with the exception of Parker v…
cited
Cited "see"
United Medical Corp. of Tennessee v. Hohenwald Bank & Trust Co.
See Northcross v. Board of Education 611 F.2d 624 (6th Cir.1979), ce rt. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed. 862 (1980).
cited
Cited "see"
Shirley Gaines v. Dougherty County Board of Education
See Northcross v. Board of Education, 611 F.2d 624, 632 (6th Cir.1979), ce rt. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 682 (1980). 5 .
cited
Cited "see"
Daggett v. Kimmelman
See Northcross v. Board of Ed. of Memphis City Schools, 611 F.2d 624, 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Secretary of Department of Labor, First American National Bank-Eastern, Intervenor/plaintiff-Appellee v. E. William King, the Crown Enterprises, Inc.
See Northcross v. Board of Education, 611 F.2d 624, 643 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Armstrong Rubber Co. v. Local Union 670, United Rubber Workers
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Moran v. Pima County
See Northcross v. Board of Education of the Memphis City Schools, 611 F.2d 624 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
Eleanor Snyder, of the Estate of Leroy Liljedahl v. Bruton Smith
(2×)
See Northcross v. Board of Education, 611 F.2d 624, 635 (6th Cir.1979), cert.denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980). 14 In this case, the district court compelled arbitration, in a proceeding where the only judicial remedy sought was an order to arbitrate, and it retained jurisdiction to enforce any arbitration award.
discussed
Cited "see"
Gaines v. Dougherty County Board of Education
See, Northcross v. Board of Education of Memphis City Schools, wherein it was noted, "[w]e see no substantial differences between the provisions or purposes of that Act (Civil Rights Attorney’s Fees Awards Act) and the Emergency School Aid Act...." 611 F.2d 624 , 632 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980). .
cited
Cited "see"
Litton Systems, Inc. v. American Telephone & Telegraph Co.
Accord, Northcross v. Board of Education of Memphis, 611 F.2d 624, 633-34 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
Martha Johnson and Delores J. Ceballos, Etc. v. University College of the University of Alabama in Birmingham George W. Campbell, Etc.
See Tasby v. *1208 Estes, 651 F.2d 287, 289-90 (5th Cir.1981) (quoting Northcross v. Board of Education, 611 F.2d 624, 637 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980)).
discussed
Cited "see"
Dowdell v. City of Apopka, Florida
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 642 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980). 20 The district court decision was based upon Fed.R.Civ.P. 54(d). 10 Cross-appellants correctly claim that the applicable statute is the Attorney's Fees Awards Act of 1976, 42 U.S.C.
cited
Cited "see"
Dowdell v. City of Apopka
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 642 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Ruiz v. Estelle
Accord Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 636 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
Riddell v. National Democratic Party
See Northcross v. Board of Educ. of Memphis City Schools, 611 F.2d 624, 642-43 (6th Cir. 1979), cert, denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
Madgey Jackson v. Richard Schweiker , Secretary of Health and Human Services
The district court subsequently modified its November 19 order sua sponte to hold that Jackson’s motion for class certification was denied for failure to satisfy the numerosity requirement of Fed.R.Civ.P. 23(a)(1), but that exhaustion of administrative remedies for each class member was not necessarily required. 84 F.R.D. at 606 ; see Wright v. Califano, 603 F.2d 666, 669-70 (7th Cir. 1979), cert. denied, 447 U.S. 911, 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
cited
Cited "see"
State v. Drown
See Central Maine Power Co. v. Public Utilities Commission, Me., 405 A.2d 153, 159 (1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
ca9 1982
Copeland v. Marshall, 641 F.2d at 892 n.18; Lamphere v. Brown University, 610 F.2d 46, 47 (1st Cir. 1979); see Seattle School District v. Washington, 633 F.2d 1338, 1349 (9th Cir. 1980). 23 652 F.2d at 909 . 24 In Northcross v. Board of Education, 611 F.2d 624 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980), the trial court's reduction of fees, because plaintiff had not prevailed in some issues, was reversed on appeal: 25 This approach is not proper under the Fees Award Act.
discussed
Cited "see"
Gautreaux v. Landrieu
Northcross v. Board of Educ., 611 F.2d 624, 633 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); see Wright v. Califano, 603 F.2d 666 , 672 n.17 (7th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980). 2 .
discussed
Cited "see"
Ladies Center, Nebraska, Inc. v. Charles Thone
See Northcross v. Board of Education of the Memphis City Schools, 611 F.2d 624, 639-40 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 3000 , 64 L.Ed.2d 862 (1980); Wheeler v. Durham City Board of Education, 585 F.2d 618, 623-24 (4th Cir. 1978).
discussed
Cited "see"
Stenson v. Blum
See Northcross v. Board of Education of Memphis City Schools, 611 F.2d 624, 637 (6th Cir.) cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Miller v. Carson, 628 F.2d 346, 348 (5th Cir. 1980) (fees granted for post-judgment motions, including motion for contempt, which “although never ripening into courtroom activity,” had effect of securing compliance with injunction.) Moreover, I would deem it appropriate to grant fees for the time spent on issues on which the plaintiff did not formally prevail even if the considerations just discussed were not present.
cited
Cited "see"
Baker v. City of Detroit
See Northcross v. Bd. of Ed. of Memphis Schools, 611 F.2d 624, 632-33 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
discussed
Cited "see"
Swift Ex Rel. Swift v. Blum
Numerous courts have found that merely because these costs are not itemized in section 1920 does not preclude this court from assessing these disbursements since “[c]ourt costs not subsumed under federal statutory provisions normally granting such costs against the adverse party ... are to be included in the concept of attorneys’ fees.” Fairley v. Patterson, 493 F.2d 598 , 606 n.11 (5th Cir. 1974); see Northcross v. Board of Education, 611 F.2d 624, 639 (6th Cir. 1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980); Population Services International v. Carey, 476 F.…
discussed
Cited "see, e.g."
Tondalaya Evans v. Books-A-Million
And, this Court has held that under 42 U.S.C. § 1988—which, like § 1132(g)(1), allows for a “reasonable attorney’s fee”—a party may recover “all reasonable expenses incurred in case preparation, during the course of litigation, or as an aspect of settlement of the case.” A.C.L.U. of Ga. v. Barnes, 168 F.3d 423, 438 (11th Cir.1999) (quoting Dowdell v. City of Apopka, 698 F.2d 1181, 1192 (11th Cir.1983)); see also Reichman v. Bonsignore, Brignati & Mazzotta P.C., 818 F.2d 278, 283 (2d Cir.1987) (“[Attorney’s fees include expenses that are ‘incidental and necessary’ to the…
discussed
Cited "see, e.g."
Tondalaya Evans v. Books-A-Million
And, this Court has held that under 42 U.S.C. § 1988—which, like § 1132(g)(1), allows for a “reasonable attorney’s fee”—a party may recover “all reasonable expenses incurred in case preparation, during the course of litigation, or as an aspect of settlement of the case.” A.C.L.U. of Ga. v. Barnes, 168 F.3d 423 , 438 (11th Cir. 1999) (quoting Dowdell v. City of Apopka, 698 F.2d 1181, 1192 (11th Cir. 1983)); see also Reichman v. Bonsignore, Brignati & Mazzotta P.C., 818 F.2d 278, 283 (2d Cir. 1987) (“[A]ttorney’s fees include expenses that are ‘incidental and necessary’ t…
cited
Cited "see, e.g."
Dixie Fuel Co. v. Callahan
See, e.g., Northcross v. Board of Educ., 611 F.2d 624 , 636 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 3000, 64 L.Ed.2d 862 (1980).
cited
Cited "see, e.g."
Mr. & Mrs. B. Ex Rel. W.B. v. Weston Board of Education
See e.g., Northcross v. Board of Ed. of Memphis City, 611 F.2d 624 , *784 639 (6th Cir.1979), cert. denied, 447 U.S. 911 , 100 S.Ct. 2999 , 64 L.Ed.2d 862 (1980).
Boerckel
v.
Illinois
v.
Illinois
No. 79-333.
Supreme Court of the United States.
Jun 9, 1980.
Certiorari.
Cited by 5 opinions | Published
Citer courts: Ninth Circuit (2) · Sixth Circuit (1) · Supreme Judicial Court of Maine (1) · N.D. Texas (1)
App. Ct. Ill., 5th Dist. Certiorari denied.