green
Positive treatment
13.0 score
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Riley v. Director, TDCJ-CID
Morales v. Turman, 820 F.2d 728, 732 (5th Cir. 1987) (citing Miller-Wohl Co. v. Comm’r of Lab. & Indus.
discussed
Cited as authority (rule)
Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLC
However, non-intervenor amici curiae are not ‘‘parties” to this appeal, cf. 2038351608 Wilder v. Bernstein, 965 F.2d 1196, 1203 (2d Cir.1992) (citing Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987)), and therefore were neither ordered nor entitled to participate in the supplemental briefing.
discussed
Cited as authority (rule)
Carson v. Department of Energy
Co. v. Root Refining Co., 328 U.S. 575, 581 , 66 S.Ct. 1176 , 90 L.Ed. 1447 (1946) (“[(Compensation is not the normal reward of those who offer such services [amici who represent the public interest].”); A. Hirsh, Inc. v. United States, 948 F.2d 1240, 1250-51 (Fed.Cir.1991) (holding that an amicus who voluntarily appeared before the court could not be awarded sanctions in the form of legal costs under 28 U.S.C. § 1927 ); Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987) (holding that amici are not entitled to fees under 42 U.S.C. § 1988 because they are not parties to the litigation).
discussed
Cited as authority (rule)
United States v. Davis
(2×)
also: Cited "see, e.g."
United States v. Michigan, 116 F.R.D. 655, 660 (W.D.Mich.1987); cf. Morales v. Turman, 820 F.2d 728, 731 (5th Cir.1987).
discussed
Cited as authority (rule)
Gates v. Cook
(2×)
also: Cited "see"
Appellees argue, under Morales v. Turman, 820 F.2d 728, 731 (5th Cir.1987), that only parties to the litigation may receive attorneys’ fees under the Civil Rights Attorney’s Fee Awards Act of 1976 and § 1983.
discussed
Cited as authority (rule)
McDaniel v. Princeton City School District Board of Education
Defendants assert that, since organizations that participate as amicus curiae cannot recover fees and costs, Morales v. Turman, 820 F.2d 728, 732-33 (5th Cir.1987), the OEA is also precluded from any recovery.
discussed
Cited as authority (rule)
Pope v. Hunt
Our holding is limited to bona fide parties to an action, a category that may, in appropriate circumstances, include permissive intervenors, but does not encompass “amicus curiae, good Samaritans, or ... litigious meddlers.” Wilder, 965 F.2d at 1203 (citing Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987) (holding that amicus curiae who never participated as a “party” was therefore not entitled to fees)).
discussed
Cited as authority (rule)
Shaw v. Hunt
Our holding is limited to bona fide parties to an action, a category that may, in appropriate circumstances, include permissive intervenors, but does not encompass "amicus curiae, good samaritans, or ... litigious meddlers." Wilder, 965 F.2d at 1203 (citing Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987) (holding that amicus curiae who never participated as a "party" was therefore not entitled to fees)).
discussed
Cited as authority (rule)
Wilder v. Bernstein
Since § 1988 extends fees only to prevailing parties in the action or proceeding, see Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987) (amicus curiae, without intervention or standing, never participated as "party" in proceeding and is not entitled to fees despite providing beneficial input to remedy), ruling that present intervenors are prevailing parties will not open the flood-gates to amicus curiae, good samaritans, or even litigious meddlers so that they may "team up" and overburden the nonprevailing party with excessive attorneys' fees.
discussed
Cited as authority (rule)
Wilder v. Bernstein
Since § 1988 extends fees only to prevailing parties in the action or proceeding, see Morales v. Turman, 820 F.2d 728, 732 (5th Cir.1987) (amicus curiae, without intervention or standing, never participated as “party” in proceeding and is not entitled to fees despite providing beneficial input to remedy), ruling that present intervenors are prevailing parties will not open the flood-gates to amicus curiae, good Samaritans, or even litigious meddlers so that they may “team up” and overburden the nonprevailing party with excessive attorneys’ fees.
cited
Cited as authority (rule)
United States v. State of La.
United States v. Michigan, 116 F.R.D. 655, 660 (W.D.Mich.1987); cf. Morales v. Turman, 820 F.2d 728, 731 (5th Cir.1987).
cited
Cited as authority (rule)
United States v. Louisiana
United States v. Michigan, 116 F.R.D. 655, 660 (W.D.Mich.1987); cf. Morales v. Turman, 820 F.2d 728, 731 (5th Cir.1987).
cited
Cited as authority (rule)
United States v. City and County of San Francisco
Cf. Morales v. Turman, 820 F.2d 728, 730-31 (5th Cir.1987) (neither common law nor section 1988 provides a basis for awarding attorneys’ fees to amici).
discussed
Cited "see"
Knight v. State of Ala.
See Morales v. Turman, 820 F.2d 728 , 732 (5th Cir.1987) (while intervenors may qualify for court-ordered fees, non-intervenors, even those granted amicus curiae status, are not parties, and are not entitled to attorney’s fees under section 1988).
discussed
Cited "see"
Knop v. Johnson
(2×)
See, Morales v. Turman, 820 F.2d 728 (5th Cir.1987) (denying attorneys fees to amici).
Retrieving the full opinion text from the archive…
Otis Lee FAIRLEY, Plaintiff-Appellant,
v.
Hon. Bill ALLAIN, Governor, State of Mississippi, Et Al., Defendants-Appellees
v.
Hon. Bill ALLAIN, Governor, State of Mississippi, Et Al., Defendants-Appellees
86-4173.
Court of Appeals for the Fifth Circuit.
Jul 2, 1987.
Otis Lee Fairley pro se, Parchman, Miss., Edwin Lloyd Pittman, Atty. Gen., Jackson, Miss., for defendants-appellees.
Thornberry, Gee, Reavley.
Published
PER CURIAM:
Treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is GRANTED. The judgment of the trial court is REVERSED and the cause is REMANDED for further proceedings. St. Francis College v. Al-Khazraji, — U.S. -, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987).