Similar language in two different statutes provides a strong indication that the statutes should be interpreted pari passu.
After a court denied attorneys' fees to successful plaintiffs in a school desegregation action under the Emergency School Aid Act of 1972, the Supreme Court addressed whether the same standard applies as under the Civil Rights Act of 1964. Because the statutory language is similar and the provisions share a common purpose, the Court determines that the statutes should be interpreted pari passu. The Court holds that a successful plaintiff under the Emergency School Aid Act should ordinarily recover an attorney's fee unless special circumstances render such an award unjust. Because the lower court provided no reasoning for its denial, the Supreme Court vacated the judgment and remanded the case.
At page 428 Interpreting similar statutes to allow attorney's fees94 citing casesThe similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.
- Omar Santos v. Experian Info. Solutions, Inc., No. 22-11187 (11th Cir. Jan. 12, 2024).published(The similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.)
- Omar Santos v. Experian Info. Solutions, Inc., No. 22-11187 (11th Cir. Nov. 6, 2023).published(The similarity of language in [section] 718 and [section] 204(b) is, of course, a strong indication that the two statutes should be interpreted pari passu.)
- Catherine G. Ratliff v. Michael J. Astrue, No. 07-2317 (8th Cir. Sept. 5, 2008).published([S]imilarity of language . . . is, of course, a strong indication that . . . two [attorney’s fee] statutes should be interpreted pari passu.)
- State v. Pepper, 539 P.3d 203 (Kan. 2023).published (The similarity of language in § 718 and § 204[b] is, of course, a strong indication that the two statutes should be interpreted pari passu.)
- Ratliff v. Astrue, 540 F.3d 800 (8th Cir. 2008).published ([S]imilarity of language... is, of course, a strong indication that ... two [attorney's fee] statutes should be interpreted pari passu.)
- In re Le Blanc, 49 V.I. 508 (2008).published (similarity of language ... is, of course, a strong indication that the two statutes should be interpreted pari passu.)
- Matter of Extradition of Montiel Garcia, 802 F. Supp. 773 (E.D.N.Y. 1992).published (similarity of language ... is, of course, a strong indication that the two statutes should be interpreted pari passu)
- Moore Mach. Tools v. Aydin, No. 2:24-cv-00793 (D. Utah Oct. 9, 2025).Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam) (stating t…
- United States v. Volungus, 134 F.4th 637 (1st Cir. 2025).publishedSee, e.g., Cannon v. Univ. of Chi., 441 U.S. 677, 696-98 (1979) (presuming that Congress knew about the prior interpretation courts gave to statutory language that legislators then dropped into a different statute); Northcross v. Bd. of Ed…
- NICHOLSON v. United States, No. 23-843 (Fed. Cl. Jan. 16, 2025).published Fed’n of Flight Attendants v. Zipes, 491 U.S. 754 , 758 n.2 (1989) (“We have stated in the past that fee-shifting statutes’ similar language is ‘a strong indication’ that they are to be interpreted alike.” (quoting Northcross v. Memphis Bd…
Show 77 more citing cases
- HYATT v. United States, No. 23-499 (Fed. Cl. Jan. 16, 2025).published Fed’n of Flight Attendants v. Zipes, 491 U.S. 754 , 758 n.2 (1989) (“We have stated in the past that fee-shifting statutes’ similar language is ‘a strong indication’ that they are to be interpreted alike.” (quoting Northcross v. Memphis Bd…
- Cruz v. Spec Pers. LLC, No. 3:24-cv-00058 (D. Conn. Aug. 30, 2024).La. 2022) (relying on Home Depot to conclude that “defendant” shared the same meaning in § 205 and § 1441(a) because “when the language in one statute tracks the wording of another, this is a strong indication that the two statutes should…
- Biggins v. N. Ohio Med. Specialists, LLC, 731 F. Supp. 3d 892 (N.D. Ohio 2024).publishedI agree with the parties that such precedents, although they do not arise under the TFA, are instructive.1 “[S]tatutes containing similar language and having a similar underlying purpose should be interpreted consistently.” United States v…
- St. Luke No. 2, LLC v. Hermes Health All., LLC, 644 F. Supp. 3d 289 (E.D. La. 2022).published“a strong indication that the two statutes should be interpreted [similarly]”
- Schmelzer v. IHC Health Servs., No. 2:19-cv-00965 (D. Utah Aug. 4, 2022).Civ. P. 26(g)(3) (emphasis added). 35 Id. 36 Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (‘‘[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.’’); Northcross v. Bd. of Educ. of Memphis City Schs.,…
- Tulelake Irrigation Dist. v. Usfws, 40 F.4th 930 (9th Cir. 2022).published“It is an elementary principle of statutory construction that similar language in similar statutes should be interpreted similarly.” United States v. Sioux, 362 F.3d 1241, 1246 (9th Cir. 2004) (citing Northcross v. Bd. of Educ. of Memphis…
- Johnson v. Guardian Mgmt., No. 3:19-cv-00485 (D. Or. May 16, 2022).“should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust”
- Hiq Labs, Inc. v. Linkedin Corp., 31 F.4th 1180 (9th Cir. 2022).published“The similarity of language in [the SCA and the CFAA] is a strong indication that [they] should be interpreted pari passu.” Northcross v. Bd. of Educ. of Memphis City Schs., 412 U.S. 427, 428 (1973); see also United States v. Sioux, 362 F.…
- Mosley v. AM/NS Calvert, LLC, No. 1:20-cv-00517 (S.D. Ala. Mar. 21, 2022).The ADA anti-interference statute is identical to the anti-interference provision in the Fair Housing Act (“FHA”), 42 U.S.C. § 3617 . “[T]he similarity of language in [the two statutes] is, of course, a strong indication that the two statu…
- Basf Plant Sci., Lp v. Commonwealth Sci., 28 F.4th 1247 (Fed. Cir. 2022).published Id. at 1749. 3 “[W]hen one statute ‘tracks the wording of’ another, this is a ‘strong indication that the two statutes should be interpreted pari passu,’ particularly if the two provisions share a common purpose.” See Uniloc 2017 LLC v. Fa…
- Ivanti v. Staylinked Corp., No. 2:19-cv-00075 (D. Utah Feb. 18, 2022).Civ. P. 37(c). is a familiar term to those who have ever worked with the Equal Access to Justice Act (“EAJA”).10 EAJA allows a “prevailing party” to collect attorney fees against the United States government unless the United States’ litig…
- Plumb v. Univ. of Utah, No. 2:20-cv-00574 (D. Utah Oct. 28, 2021).Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Schs., 412 U.S. 427, 428 (1973) (per curiam) (stating…
- Ivanti v. Staylinked Corp., No. 2:19-cv-00075 (D. Utah Aug. 4, 2021).Therefore, given the additional discretion entrusted to the court for granting in part and denying in party Ivanti’s motion (i.e., “the court may . . . apportion the reasonable expenses for the motion”),29 the court declines to award reaso…
- Park Cityz Realty v. Archos Capital, No. 2:20-cv-00522 (D. Utah June 25, 2021).Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam) (stating t…
- New Jersey Bankers Ass'n v. Grewal, No. 3:18-cv-15725 (D.N.J. June 21, 2021).unpublishedSmith v. City of Jackson, 544 U.S. 228, 233 (2005) (citing Northcross v. Bd. of Ed. of Memphis City Schs., 412 U.S. 427, 428 (1973)) (“[W]hen Congress uses the same language in two statutes having similar purposes, particularly when one is…
- Uniloc 2017 LLC v. Facebook Inc., 989 F.3d 1018 (Fed. Cir. 2021).publishedAs the Supreme Court elucidated in Northcross v. Board of Education of Memphis City Schools, when one statute “tracks the wording of” another, this is a “strong indication that the two statutes should be interpreted pari passu,” particular…
- Smash Tech. v. Smash Solutions, No. 2:19-cv-00105, 2020 WL 3546254 (D. Utah June 30, 2020).“Substantially justified” is a familiar term to those who have ever worked with the Equal Access to Justice Act (“EAJA”).56 EAJA allows a “prevailing party” to collect attorney fees against the United States government unless the United St…
- Bella Monte Owners Ass'n v. Vial Fotheringham LLP, No. 2:19-cv-00212 (D. Utah June 26, 2020).Lawson v. FMR LLC, 571 U.S. 429, 459 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam) (stating t…
- State of California v. Alex Azar, II, 950 F.3d 1067 (9th Cir. 2020).publishedCf. Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam) (providing that it is appropriate to interpret the language of two separate statutes pari passu where two statutes use similar language and were ena…
- Hiq Labs, Inc. v. Linkedin Corp., 938 F.3d 985 (9th Cir. 2019).published“The similarity of language in [the SCA and the CFAA] is a strong indication that [they] should be interpreted pari passu.” Northcross v. Bd. of Educ. of Memphis City Schools, 412 U.S. 427, 428 (1973); see also United States v. Sioux, 362…
- Requests by Individual Members of Cong. for Exec. Branch Info. (OLC 2019).published“strong indication[s] that the two statutes should be interpreted pari passu”
- PHH Corp. v. C.F.P.B., No. 15-1177 (D.C. Cir. Jan. 31, 2018).publishedSee Steven G. 9 See also Lawson v. FMR LLC, 134 S. Ct. 1158, 1176 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (…
- PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018).publishedSee Steven G. 9 See also Lawson v. FMR LLC, 134 S. Ct. 1158, 1176 (2014) (“[P]arallel text and purposes counsel in favor of interpreting . . . provisions consistently.”); Northcross v. Bd. of Educ. of Memphis City Sch., 412 U.S. 427, 428 (…
- United to Protect Democracy v. Presidential Advisory Comm'n on Election Integrity, No. 2017-2016 (D.D.C. Dec. 29, 2017).publishedNorthcross v. Bd. of Ed. of Memphis City Sch., 412 U.S. 427, 428 (1973) (per curiam).
- RJR Nabisco, Inc. v. Eur. Cmty., 579 U.S. 325 (2016).published“The similarity of language in [the two statutes] is, of course, a strong indication that [they] should be interpreted pari passu,” Northcross v. Board of Ed. of Memphis City Schools, 412 U. S. 427, 428 (1973) (per curiam), and I see 6 RJR…
- Price ex rel. J.P. v. Dist. of Columbia, 792 F.3d 112 (D.C. Cir. 2015).publishedFed’n. of Flight Attendants v. Zipes, 491 U.S. 754 , 758 n.2 (1989) (quoting Northcross v. Bd. of Ed. of Memphis City Sch., 412 U.S. 427, 428 (1973)); see also Alegria v. District of Columbia, 391 F.3d 262, 264 (D.C.
- Texas Dept. of Hous. & Cmty. Affairs v. Inclusive Communities Proj., Inc., 576 U.S. 519 (2015).published For purposes here, the only relevant difference between these provisions is that the ADEA provision refers to “age” and the Title VII provision refers to “race, color, religion, or national origin.” Because identical language in two statut…
- United States v. Voisine, 778 F.3d 176 (1st Cir. 2015).publishedCf. Smith, 544 U.S. at 233 ("[W]hen Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have th…
- United States v. James Bruguier, 735 F.3d 754 (8th Cir. 2013).published(noting that “similarity of language” in two different statutes was “strong indication that the two statutes should be interpreted” the same)
- Fed. Aviation Admin. v. Cooper, 566 U.S. 284 (2012).publishedCiting the rule of construction that Congress intends the same language in similar statutes to have the same meaning, see Northcross v. Board of Ed. of Memphis City Schools, 412 U. S. 427, 428 (1973) (per curiam), respondent argues that th…
- Bywaters v. United States, 670 F.3d 1221 (Fed. Cir. 2012).publishedFed’n of Flight Attendants v. Zipes, 491 U.S. 754 , 758 n.2 (1989) (“We have stated in the past that fee-shifting statutes’ similar language is ‘a strong indication’ that they are to be interpreted alike.” (quoting Northcross v. Memphis Bd…
- Saint John's Organic Farm v. Gem Cnty. Mosquito Abatement Dist., 574 F.3d 1054 (9th Cir. 2009).published See, e.g., Christians- burg Garment Co. v. EEOC, 434 U.S. 412, 417 (1978) (Title VII); Northcross v. Bd. of Educ., 412 U.S. 427, 428 (1973) (Emergency School Aid Act, 20 U.S.C. § 1617 ); Smith v. CMTA-IAM Pension Trust, 746 F.2d 587, 589 (…
- Kenny A. ex rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008).published(noting that “[t]he similarity of language” in two fee-shifting statutes “is, of course, a strong indication that the two statutes should be interpreted pari passu)
- United States v. Raymond P. Novak, 476 F.3d 1041 (9th Cir. 2007).publishedCo. v. Taylor, 481 U.S. 58, 65 (1987) (noting a presumption that similar language in two statutes both addressing the same sub- ject, labor law, would have a similar meaning); Northcross v. Bd. of Educ., 412 U.S. 427, 428 (1973) (per curia…
- Bradley v. Sch. Bd. of Richmond, 416 U.S. 696 (1974).published
- Albemarle Paper Co. v. Moody, 422 U.S. 405 (1975).published
- Oscar Mayer & Co. v. Evans, 441 U.S. 750 (1979).published
- Marek v. Chesny, 473 U.S. 1 (1985).published
- Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546 (1986).published
- Indep. Fed'n of Flight Attendants v. Zipes, 491 U.S. 754 (1989).published
- Gozlon-Peretz v. United States, 498 U.S. 395 (1991).published
- Holmes v. Sec. Inv. Prot. Corp., 503 U.S. 258 (1992).published
- United States Dep't of Energy v. Ohio, 503 U.S. 607 (1992).published
- Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994).published
- Smith v. City of Jackson, 544 U.S. 228 (2005).published
- Wasser v. New York State Off. of Vocational & Educ. Servs. for Individuals with Disabilities, 602 F. Supp. 3d 476 (2d Cir. 2010).published
- Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (2009).published
- Haycraft v. Hollenbach, 606 F.2d 128 (6th Cir. 1979).published
- Thorstenn v. Barnard, 883 F.2d 217 (3d Cir. 1989).published
- Howard L. Beall v. Off. of Pers. Mgmt., 66 F.3d 347 (Fed. Cir. 1995).unpublished
- C.S. v. Sec'y of Health & Human Servs., No. 07-293V (Fed. Cl. Aug. 19, 2013).published
- Serrano v. Unruh, 652 P.2d 985 (Cal. 1982).published
- Thirteen Comm. v. Weinreb, 168 Cal. App. 3d 528 (Cal. Ct. App. 1985).published
- Common Cause v. Stirling, 119 Cal. App. 3d 658 (Cal. Ct. App. 1981).published
- Miller v. West Lafayette Cmty. Sch. Corp., 665 N.E.2d 905 (Ind. 1996).published
- IRS v. Westberry, No. 98-6779 (6th Cir. June 6, 2000).published
- Te-Ta-Ma Truth Found.-Fam. of Uri, Inc. v. World Church of the Creator, 392 F.3d 248 (7th Cir. 2004).published
- Schnall v. Amboy Natl Bank, No. 1-1502 (3d Cir. Jan. 29, 2002).
- Whitney Ford Rodney Ford v. Long Beach Unified Sch. Dist., 461 F.3d 1087 (9th Cir. 2006).published
- Commissions Imp. Exp. S.A. v. Repub. of the Congo, 757 F.3d 321 (D.C. Cir. 2014).published
- Puerto Rico v. Franklin California Tax-Free Trust, 579 U.S. 115 (2016).published
- Continuation of Fed. Prisoner Det. Efforts During United States Marshals Serv. Appropriation Deficiency (OLC 2000).published
- Applicability of Exec. Order No. 12674 to Pers. of Reg'l Fishery Mgmt. Councils (OLC 1993).published
- Auth. for the Continuance of Gov't Functions During a Temp. Lapse in Appropriations (OLC 1981).published
- George Hengle v. Sherry Treppa, 19 F.4th 324 (4th Cir. 2021).published
- Hunter v. Trenton Hous. Auth., 698 A.2d 25 (N.J. Super. Ct. App. Div. 1997).published
- Pennsylvania v. Charleroi Area Sch. Dist., 63 F.R.D. 440 (W.D. Pa. 1973).published
- Dowell v. Bd. of Educ. of Indep. Sch. Dist. No. 89, 71 F.R.D. 49 (W.D. Okla. 1976).published
- Suellen Klossner v. IADU Table Mound MHP, LLC, 65 F.4th 349 (8th Cir. 2023).published
- MSP Recovery Claims v. Pfizer, Inc., 728 F. Supp. 3d 89 (D.D.C. 2024).published
- Hengle v. Asner, 433 F. Supp. 3d 825 (E.D. Va. 2020).published
- Carroll v. Trump, 148 F.4th 110 (2d Cir. 2025).published
- Dorn's Transp., Inc. v. Teamsters Pension Trust Fund of Philadelphia & Vicinity, 799 F.2d 45 (3d Cir. 1986).published
- Conservation Law Found. of New England, Inc. v. Browner, 840 F. Supp. 171 (D. Mass. 1993).published
- Shelby Cnty. v. Holder, 43 F. Supp. 3d 47 (D.D.C. 2014).published
- Leonardo v. United States, 55 Fed. Cl. 344 (Fed. Cl. 2003).published
- People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 189 F. Supp. 3d 1327 (S.D. Fla. 2016).published
At page 429 Determining authority for attorneys' fees under statutes4 citing casesto determine whether the Court of Appeals applied this standard and, if so, whether it did so correctly, we grant the petition for certiorari, vacate the…
- George E. Blue v. Bureau of Prisons, 570 F.2d 529 (5th Cir. 1978).published
- Lykken v. Vavreck, 366 F. Supp. 585 (D. Minn. 1973).published
- Harrisburg Coalition Against Ruining the Envir. v. Volpe, 381 F. Supp. 893 (M.D. Pa. 1974).published
- Harrisburg Coalition Against Ruining the Env't v. Volpe, 381 F. Supp. 893 (M.D. Pa. 1974).published
Other citing cases
- Planned Parenthood of N.Y.C., Inc. v. U.S. Dep't of Health & Human Servs., 337 F. Supp. 3d 308 (S.D. Ill. 2018).published
v.
BOARD OF EDUCATION OF THE MEMPHIS CITY SCHOOLS Et Al.
This case presents the question of the propriety, under § 718 of the Emergency School Aid Act of 1972, 86 Stat. 369, 20 U. S. C. § 1617, of a denial of attorneys' fees to the successful plaintiffs in this litigation aimed at desegregating the public schools of Memphis, Tennessee. Section 718, which became effective on July 1,1972, provides that “[u]pon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof),” in any action seeking to redress illegal or unconstitutional discrimination with respect to “elementary and secondary education, the court, in its discretion, upon a finding that the proceedings were necessary to bring about compliance, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.” In this case, the United States Court of Appeals for the Sixth Circuit denied petitioners’ motion for an award of attorneys’ fees. The Court of Appeals did not, however, state reasons for the denial and it is therefore not possible for this[*428] Court to determine whether the Court of Appeals applied the proper standard in reaching this result. [1]
Section 718 tracks the wording of § 204 (b) of the Civil Rights Act of 1964, 78 Stat. 244, 42 U. S. C. § 2000a-3(b), which provides that, in an action seeking to enforce Title II of that Act, “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs . . . In Newman v. Piggie Park Enterprises, Inc., 390 U. S. 400 (1968), we held that, under § 204 (b), “one who succeeds in obtaining an injunction under that Title should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Id., at 402. The similarity of language in § 718 and § 204 (b) is, of course, a strong indication that the two statutes should be interpreted pari passu. Moreover, “the two provisions share a common raison d’etre. The plaintiffs in school cases are 'private attorneys general’ vindicating national policy in the same sense as are plaintiffs in Title II actions. The enactment of both provisions was for the same purpose — ‘to encourage individuals injured by racial discrimination to seek judicial relief ....’” Johnson v. Combs, 471 F. 2d 84, 86 (CA5 1972), quoting Newman v. Piggie Park Enterprises, Inc., supra, at 402. We therefore conclude that, as with §204 (b), if other requirements of § 718 are satisfied, the successful plaintiff “should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” 390 U. S., at 402. Since it is impossible for us[*429] to determine whether the Court of Appeals applied this standard and, if so, whether it did so correctly, we grant the petition for certiorari, vacate the judgment below insofar as it relates to the denial of attorneys’ fees, and remand to the Court of Appeals for further proceedings consistent with this opinion. [2] See Taylor v. Mc-Keithen, 407 U. S. 191 (1972); cf. California v. Krivda, 409 U. S. 33 (1972).
Mr. Justice Marshall did not participate in the consideration or decision of this case.Respondents suggest that petitioners’ motion for costs and attorneys’ fees might have been denied due to untimeliness. Although it is clear that the petitions for rehearing en banc were denied as untimely, there is no indication that the bill of costs was filed out of time, or that costs and attorneys’ fees were denied for that reason.
We need not, and therefore do not, decide whether § 718 authorizes an award of attorneys’ fees insofar as those expenses were incurred prior to the date that that section came into effect. We also do not decide whether, and under what circumstances, an award of attorneys’ fees is permissible in suits brought under 42 U. S. C. § 1983 in the absence of specific statutory authorization for such an award. See Knight v. Auciello, 453 F. 2d 852 (CA1 1972); Lee v. Southern Home Sites Corp., 444 F. 2d 143 (CA5 1971).