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13 Minnesota opinions name it 2 courts 1984–2017 0 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Welsh v. City of Oronogreen2 sentences1997We note, however, that even if appellants had prevailed, the essentially private nature of their action questioning Sauk Rapids’ right to regulate the keeping of dogs is a special circumstance placing them outside “the spirit of section 1988 fee awards.” Welsh v. City of Orono, 355 N.W.2d 117, 124 (Minn.1984). 1990“Although section 1988 leaves an award of attorney fees to the discretion of the court, the United States Supreme Court requires an award of attorney fees to a prevailing party unless special circumstances would render an award unjust.” Welsh v. City of Orono, 355 N.W.2d 117, 124 (Minn.1984). | 2 | 3 |
Blum v. Stensongreen2 sentences1985I In Blum v. Stenson, — U.S. -, 104 S.Ct. 1541 , 79 L.Ed.2d 891 (1984), the U.S. Supreme Court articulated the standard to be applied in determining a reasonable rate for attorney’s fees under § 1988. 1985I In Blum v. Stenson, — U.S. -, 104 S.Ct. 1541 , 79 L.Ed.2d 891 (1984), the U.S. Supreme Court articulated the standard to be applied in determining a reasonable rate for attorney’s fees under § 1988. | 1 | 2 |
Pearline E. Freeman v. B & B Associatesgreen1 sentence2017See Zeisler v. Neese, 24 F.3d 1000, 1001 (7th Cir. 1994) (concluding that in TILA cases “entitlement to attorney’s fees belongs to the plaintiff, not to his ... lawyer”); Panola Land Buying Ass’n v. Clark, 844 F.2d 1506, 1511 (11th Cir. 1988) (stating that “the attorney” is not “a recognized applicant for fees and expenses” under the Equal Access to Justice Act); Willard v. City of Los Angeles, 803 F.2d 526, 527 (9th Cir. 1986) (“[A]n attorney has no standing under section 1988 to seek attorney’s fees in his own behalf.”); Freeman v. B & B Assocs., 790 F.2d 145, 153 (D.C. | 1 | 1 |
Carol J. Zeisler, and Barry M. Barash and Barash, Stoerzbach & Henson v. Susan Neese, Doing Business as Neese Motorsgreen1 sentence2017See Zeisler v. Neese, 24 F.3d 1000, 1001 (7th Cir. 1994) (concluding that in TILA cases “entitlement to attorney’s fees belongs to the plaintiff, not to his ... lawyer”); Panola Land Buying Ass’n v. Clark, 844 F.2d 1506, 1511 (11th Cir. 1988) (stating that “the attorney” is not “a recognized applicant for fees and expenses” under the Equal Access to Justice Act); Willard v. City of Los Angeles, 803 F.2d 526, 527 (9th Cir. 1986) (“[A]n attorney has no standing under section 1988 to seek attorney’s fees in his own behalf.”); Freeman v. B & B Assocs., 790 F.2d 145, 153 (D.C. | 1 | 1 |
Willard v. City of Los Angelesgreen1 sentence2017See Zeisler v. Neese, 24 F.3d 1000, 1001 (7th Cir. 1994) (concluding that in TILA cases “entitlement to attorney’s fees belongs to the plaintiff, not to his ... lawyer”); Panola Land Buying Ass’n v. Clark, 844 F.2d 1506, 1511 (11th Cir. 1988) (stating that “the attorney” is not “a recognized applicant for fees and expenses” under the Equal Access to Justice Act); Willard v. City of Los Angeles, 803 F.2d 526, 527 (9th Cir. 1986) (“[A]n attorney has no standing under section 1988 to seek attorney’s fees in his own behalf.”); Freeman v. B & B Assocs., 790 F.2d 145, 153 (D.C. | 1 | 1 |
Panola Land Buying Ass'n v. Clarkgreen1 sentence2017See Zeisler v. Neese, 24 F.3d 1000, 1001 (7th Cir. 1994) (concluding that in TILA cases “entitlement to attorney’s fees belongs to the plaintiff, not to his ... lawyer”); Panola Land Buying Ass’n v. Clark, 844 F.2d 1506, 1511 (11th Cir. 1988) (stating that “the attorney” is not “a recognized applicant for fees and expenses” under the Equal Access to Justice Act); Willard v. City of Los Angeles, 803 F.2d 526, 527 (9th Cir. 1986) (“[A]n attorney has no standing under section 1988 to seek attorney’s fees in his own behalf.”); Freeman v. B & B Assocs., 790 F.2d 145, 153 (D.C. | 1 | 1 |
Blanchard v. Bergerongreen2 sentences2012See also Blanchard v. Bergeron, 489 U.S. 87, 91 , 109 S.Ct. 939 , 103 L.Ed.2d 67 (1989) (noting that attorney fees under 42 U.S.C. § 1988 may be awarded to a "prevailing party” as costs in the court’s discretion). . 2012See also Blanchard v. Bergeron, 489 U.S. 87, 91 , 109 S.Ct. 939 , 103 L.Ed.2d 67 (1989) (noting that attorney fees under 42 U.S.C. § 1988 may be awarded to a "prevailing party” as costs in the court’s discretion). . | 1 | 1 |
Rita Johnson, Plaintiffs-Appellees-Cross v. The State of Mississippi, Defendants-Appellants-Crossgreen2 sentences1995Id.; see also Johnson v. Mississippi, 606 F.2d 635, 637 (5th Cir.1979) (holding local officials liable for attorney fees under section 1988 for enforcing state statute). 1995Id.; see also Johnson v. Mississippi, 606 F.2d 635, 637 (5th Cir.1979) (holding local officials liable for attorney fees under section 1988 for enforcing state statute). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hensley v. Eckerhart
red
2 sentences1986The Commission got sidetracked with its reliance, “[b]y analogy,” on Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), wherein the United States Supreme Court, in determining an award of attorney fees under 42 U.S.C. § 1988 (1982), essentially required the plaintiff to prevail. 1986The Commission got sidetracked with its reliance, “[b]y analogy,” on Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), wherein the United States Supreme Court, in determining an award of attorney fees under 42 U.S.C. § 1988 (1982), essentially required the plaintiff to prevail. | 3 | 1985–1986 |
Newman v. Piggie Park Enterprises, Inc.
green
2 sentences1995Welsh v. City of Orono, 355 N.W.2d 117 , 124 (Minn.1984), (citing Newman v. Piggie Park Enter., 390 U.S. 400, 402 , 88 S.Ct. 964, 966 , 19 L.Ed.2d 1263 (1968)). . 2. 1995Welsh v. City of Orono, 355 N.W.2d 117 , 124 (Minn.1984), (citing Newman v. Piggie Park Enter., 390 U.S. 400, 402 , 88 S.Ct. 964, 966 , 19 L.Ed.2d 1263 (1968)). . 2. | 2 | 1984–1995 |
Marek v. Chesny
green
2 sentences1995But Marek decided two issues: (1) whether a lump sum offer that includes attorneys fees is proper under Rule 68, and (2) whether “the term ‘costs’ as used in Rule 68 includes attorney’s fees awardable under 42 U.S.C. § 1988 .” 473 U.S. 1, 5 , 105 S.Ct. 3012, 3014 . 1995But Marek decided two issues: (1) whether a lump sum offer that includes attorneys fees is proper under Rule 68, and (2) whether “the term ‘costs’ as used in Rule 68 includes attorney’s fees awardable under 42 U.S.C. § 1988 .” 473 U.S. 1, 5 , 105 S.Ct. 3012, 3014 . | 1 | 1995–1995 |
Shepard v. City of St. Paul
green
1 sentence1994Paul, 380 N.W.2d 140 (Minn.App.1985), that Minnesota law requires that hourly rates as well as other factors be taken into account. , In Shepard , the court held: In awarding attorney’s fees under U.S.C. § 1988, the trial court must determine the amount of hours reasonably expended and the hourly rate with specificity- Id. at 141 (emphasis added). | 1 | 1994–1994 |
L.K. v. Gregg
neutral
1 sentence1988The court of appeals reversed the award of fees in L.K. v. Gregg, 413 N.W.2d 833 (Minn.App.1987) (Gregg II). | 1 | 1988–1988 |
Martin v. Hancock
green
1 sentence1984Martin v. Hancock, 466 F.Supp. 454 (D.Minn.1979); Green v. Carbaugh, 460 F.Supp. 1193 (E.D. | 1 | 1984–1984 |
Green v. Carbaugh
green
1 sentence1984Martin v. Hancock, 466 F.Supp. 454 (D.Minn.1979); Green v. Carbaugh, 460 F.Supp. 1193 (E.D. | 1 | 1984–1984 |
State v. Barnes
green
2 sentences1984State v. Barnes, 249 Minn. 301 , 81 N.W.2d 864 (1957); see also Minn. R.Civ.App.P. 108.03. *124 This court has never addressed the question of timeliness of post-judgment motions for attorney fees- under 42 U.S.C. § 1988 . 1984State v. Barnes, 249 Minn. 301 , 81 N.W.2d 864 (1957); see also Minn. R.Civ.App.P. 108.03. *124 This court has never addressed the question of timeliness of post-judgment motions for attorney fees- under 42 U.S.C. § 1988 . | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.