section 1988 fees (Alaska) · Go Syfert
← Alaska issues

section 1988 fees in Alaska

12 Alaska opinions name it 1 courts 1979–2015 0 in the last five years

The cases below were cited by Alaska 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.

Followed or applied (23)

CaseFollowedCited
Hensley v. Eckerhartgreen
scotus · 1983 · cited in 3 Alaska opinions naming this issue, 1984–2015
2 sentences

1993Under Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), a court awarding § 1988 attorney’s fees to a prevailing party initially should compute “the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.” Id. at 434, 103 S.Ct. at 1940 .

1993Under Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), a court awarding § 1988 attorney’s fees to a prevailing party initially should compute “the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.” Id. at 434, 103 S.Ct. at 1940 .

23
McKenna v. City of Philadelphiagreen
ca3 · 2009 · cited in 2 Alaska opinions naming this issue, 2015–2015
2 sentences

2015Superior Court, 631 F.3d 963, 972 (9th Cir.2011) (reversing pro rata award of 42 U.S.C. § 1988 attorney's fees based on ratio of frivolous to non-frivolous claims); see also McKenna v. City of Phila., 582 F.3d 447, 458 (3d Cir.2009) (rejecting calculation of attorney's fees award " 'using a simple mathematical approach based on the ratio between a plaintiff's successful and unsuccessful claims'" (quoting McKenna v. City of Phila., Civ. Action No. 07-110, 2008 WL 4435939 , at *13 (E.D.Pa.

2015CONCLUSION We AFFIRM the superior court’s orders dismissing the claim against Saxby and granting summary judgment for the Department and Ahtna, VACATE the attorney’s fees awards, and REMAND for further proceedings consistent with this opinion. 54 (...continued) 2011) (reversing pro rata award of 42 U.S.C. § 1988 attorney’s fees based on ratio of frivolous to non-frivolous claims); see also McKenna v. City of Phila., 582 F.3d 447, 458 (3d Cir. 2009) (rejecting calculation of attorney’s fees award “ ‘using a simple mathematical approach based on the ratio between a plaintiff’s successful and uns

22
Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State Prisonred
ca1 · 1978 · cited in 2 Alaska opinions naming this issue, 1984–1993
2 sentences

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) (“ ‘[Pjlaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,’ ” quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney’s fees under § 1988); see also Teitelbaum v. Sorenson, 6

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) ("`[P]laintiffs may be considered "prevailing parties" for attorney's fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,'" quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney's fees under § 1988); see also Teitelbaum v. Sorenson, 648

22
Ferdinand v. City of Fairbanksgreen
alaska · 1979 · cited in 2 Alaska opinions naming this issue, 1981–1984
2 sentences

1981Tobeluk v. Lind, 589 P.2d 873, 879 (Alaska 1979). [2] "[F]ederal guidelines apply in ascertaining an appropriate fee award under 42 U.S.C. § 1988 ." Ferdinand v. City of Fairbanks, 599 P.2d 122, 125 (Alaska 1979). [3] See Berger, Court Awarded Attorneys' Fees: What is "Reasonable"?, 126 U.Pa.L.Rev. 281, 285 and cases cited at 285 n. 17 (1977).

1981Trial judges have narrow discretion in computing attorney's fees under 42 U.S.C. § 1988 . "[C]ounsel for prevailing parties should be paid, as is traditional with attorneys compensated by a fee paying client, `for all time reasonably expended on the matter.'" Ferdinand v. City of Fairbanks, 599 P.2d 122 , 125 n. 9 (Alaska 1979).

22
Harris v. Maricopa County Superior Courtgreen
ca9 · 2011 · cited in 2 Alaska opinions naming this issue, 2015–2015
2 sentences

2015Superior Court, 631 F.3d 963, 972 (9th Cir.2011) (reversing pro rata award of 42 U.S.C. § 1988 attorney's fees based on ratio of frivolous to non-frivolous claims); see also McKenna v. City of Phila., 582 F.3d 447, 458 (3d Cir.2009) (rejecting calculation of attorney's fees award " 'using a simple mathematical approach based on the ratio between a plaintiff's successful and unsuccessful claims'" (quoting McKenna v. City of Phila., Civ. Action No. 07-110, 2008 WL 4435939 , at *13 (E.D.Pa.

2015Pa. Sept. 30, 2008))). 55 Fox, 131 S. Ct. at 2216 (quoting Hensley v. Eckerhart, 461 U.S. 424, 437 (1983)). 56 Harris, 631 F.3d at 973 .

12
Christiansburg Garment Co. v. Equal Employment Opportunity Commissiongreen
scotus · 1978 · cited in 2 Alaska opinions naming this issue, 2015–2015
2 sentences

2015Fox v. Vice involved the federal rule that a plaintiff cannot be liable for attorney's fees under 42 U.S.C. § 1988 unless the " 'action was frivolous, unreasonable, or without foundation.'" 131 S.Ct. at 2213 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 , 98 S.Ct. 694 , 54 LEd.2d 648 (1978)).

2015Fox v. Vice involved the federal rule that a plaintiff cannot be liable for attorney’s fees under 42 U.S.C. § 1988 unless the “ ‘action was frivolous, unreasonable, or without foundation.’ ” 131 S. Ct. at 2213 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978)).

12
Tobeluk Ex Rel. Tobeluk v. Lindgreen
alaska · 1979 · cited in 2 Alaska opinions naming this issue, 1981–1993
2 sentences

1981Tobeluk v. Lind, 589 P.2d 873, 879 (Alaska 1979). . “[Fjederal guidelines apply in ascertaining an appropriate fee award under 42 U.S.C. § 1988 .” Ferdinand v. City of Fairbanks, 599 P.2d 122, 125 (Alaska 1979). .

1981Tobeluk v. Lind, 589 P.2d 873, 879 (Alaska 1979). [2] "[F]ederal guidelines apply in ascertaining an appropriate fee award under 42 U.S.C. § 1988 ." Ferdinand v. City of Fairbanks, 599 P.2d 122, 125 (Alaska 1979). [3] See Berger, Court Awarded Attorneys' Fees: What is "Reasonable"?, 126 U.Pa.L.Rev. 281, 285 and cases cited at 285 n. 17 (1977).

12
City & Borough of Sitka v. Swannergreen
alaska · 1982 · cited in 1 Alaska opinions naming this issue, 2001–2001
1 sentence

2001See also City & Borough of Sitka v. Swanner, 649 P.2d 940, 947 (Alaska 1982), where in the context of a fee award under 42 U.S.C. § 1988 we warned against an erroneous focus on the compensation counsel will receive ... rather than on the reasonable value of the legal services rendered.

11
Doyle v. Peabodygreen
alaska · 1989 · cited in 1 Alaska opinions naming this issue, 2001–2001
1 sentence

2001The courts have recognized the social utility of a contingent fee as a means of giving those without funds an opportunity for legal counsel equal to those who can pay at the hourly rate. 14 . 781 P.2d 957, 962-63 (Alaska 1989).

11
Johnson v. Georgia Highway Express, Inc.red
ca5 · 1974 · cited in 1 Alaska opinions naming this issue, 1993–1993
2 sentences

1993We find that Farrar is inapplicable to the case at bar, since Singh’s success was not merely technical. .The Supreme Court noted that in adjusting an attorney’s fee award, a court may consider the so-called "Johnson factors” as identified in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974), although many of these factors will be subsumed within the original lodestar determination.

1993We find that Farrar is inapplicable to the case at bar, since Singh's success was not merely technical. [8] The Supreme Court noted that in adjusting an attorney's fee award, a court may consider the so-called "Johnson factors" as identified in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974), although many of these factors will be subsumed within the original lodestar determination.

11
Rose Pass Mines, Inc. v. Howardgreen
ca5 · 1980 · cited in 1 Alaska opinions naming this issue, 1993–1993
2 sentences

1993Clark v. City of Los Angeles, 803 F.2d 987, 992 (9th Cir.1986) (“We, like every other court that has considered the question, have held that the time spent in establishing entitlement to an amount of fees awardable under § 1988 is compensa-ble.”); accord Rose Pass Mines, Inc. v. Howard, 615 F.2d 1088, 1093 (5th Cir.1980) (per curiam) (“We have long required an attorney to file a detailed account of the legal services he provided the bankrupt in order to recover any compensation at all for his services.

1993Clark v. City of Los Angeles, 803 F.2d 987, 992 (9th Cir.1986) ("We, like every other court that has considered the question, have held that the time spent in establishing entitlement to an amount of fees awardable under § 1988 is compensable."); accord Rose Pass Mines, Inc. v. Howard, 615 F.2d 1088, 1093 (5th Cir.1980) (per curiam) ("We have long required an attorney to file a detailed account of the legal services he provided the bankrupt in order to recover any compensation at all for his services.

11
Minnie Ann Hennigan v. Ouachita Parish School Boardgreen
ca5 · 1985 · cited in 1 Alaska opinions naming this issue, 1993–1993
2 sentences

1993Bd., 749 F.2d 1148, 1152-53 (5th Cir. 1985).

1993Bd., 749 F.2d 1148, 1152-53 (5th Cir.1985).

11
Clark v. City of Los Angelesgreen
ca9 · 1986 · cited in 1 Alaska opinions naming this issue, 1993–1993
2 sentences

1993Clark v. City of Los Angeles, 803 F.2d 987, 992 (9th Cir.1986) (“We, like every other court that has considered the question, have held that the time spent in establishing entitlement to an amount of fees awardable under § 1988 is compensa-ble.”); accord Rose Pass Mines, Inc. v. Howard, 615 F.2d 1088, 1093 (5th Cir.1980) (per curiam) (“We have long required an attorney to file a detailed account of the legal services he provided the bankrupt in order to recover any compensation at all for his services.

1993Clark v. City of Los Angeles, 803 F.2d 987, 992 (9th Cir.1986) ("We, like every other court that has considered the question, have held that the time spent in establishing entitlement to an amount of fees awardable under § 1988 is compensable."); accord Rose Pass Mines, Inc. v. Howard, 615 F.2d 1088, 1093 (5th Cir.1980) (per curiam) ("We have long required an attorney to file a detailed account of the legal services he provided the bankrupt in order to recover any compensation at all for his services.

11
Joseph N. Grano, Jr. v. Marion S. Barry, Mayor, District of Columbia, Oliver T. Carr, Jr.green
cadc · 1986 · cited in 1 Alaska opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., Grano v. Barry, 783 F.2d 1104 , 1114— 15 (D.C.Cir.1986) (upholding an award of fees incurred in litigation for § 1988 attorney’s fees where no showing had been made that “the time spent on attorneys’ fees ... was unreasonable, could have been avoided, or was unrelated to the fee award”).

1993See, e.g., Grano v. Barry, 783 F.2d 1104 , 1114— 15 (D.C.Cir.1986) (upholding an award of fees incurred in litigation for § 1988 attorney’s fees where no showing had been made that “the time spent on attorneys’ fees ... was unreasonable, could have been avoided, or was unrelated to the fee award”).

11
Maine v. Thiboutotgreen
scotus · 1980 · cited in 1 Alaska opinions naming this issue, 1991–1991
2 sentences

1991See Maine v. Triboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). 18 .3 AAC 48.390(a) grants the PUC authority to award attorney’s fees in cases involving the Public Utility Regulatory Policies Act, 16 U.S.C. § 2601 et seq. (1988).

1991See Maine v. Triboutot, 448 U.S. 1 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). 18 .3 AAC 48.390(a) grants the PUC authority to award attorney’s fees in cases involving the Public Utility Regulatory Policies Act, 16 U.S.C. § 2601 et seq. (1988).

11
Rabbi Samuel Teitelbaum, Larry and Louise Diehl v. Theodore Sorenson, Dba/waitwell Nursing Homegreen
ca9 · 1981 · cited in 1 Alaska opinions naming this issue, 1984–1984
2 sentences

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) (“ ‘[Pjlaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,’ ” quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney’s fees under § 1988); see also Teitelbaum v. Sorenson, 6

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) ("`[P]laintiffs may be considered "prevailing parties" for attorney's fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,'" quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney's fees under § 1988); see also Teitelbaum v. Sorenson, 648

11
Robert Leslie Busche, Cross-Appellant v. Wallace E. Burkee, Cross-Appelleegreen
ca7 · 1981 · cited in 1 Alaska opinions naming this issue, 1984–1984
2 sentences

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) (“ ‘[Pjlaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,’ ” quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney’s fees under § 1988); see also Teitelbaum v. Sorenson, 6

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) ("`[P]laintiffs may be considered "prevailing parties" for attorney's fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,'" quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney's fees under § 1988); see also Teitelbaum v. Sorenson, 648

11
Regalado v. Johnsongreen
illinoisd · 1978 · cited in 1 Alaska opinions naming this issue, 1979–1979
11
Mental Patient Civil Liberties Project v. Hospital Staff Civil Rights Committeegreen
paed · 1977 · cited in 1 Alaska opinions naming this issue, 1979–1979
11
Clanton v. Allied Chemical Corp.green
vaed · 1976 · cited in 1 Alaska opinions naming this issue, 1979–1979
11
Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis Rosenstielgreen
ca3 · 1970 · cited in 1 Alaska opinions naming this issue, 1979–1979
2 sentences

1979See Kahan v. Rosenstiel, 424 F.2d 161, 167 (3rd Cir. 1970).

1979See Kahan v. Rosenstiel, 424 F.2d 161, 167 (3rd Cir.1970).

11
Clanton v. Allied Chemical Corp.green
vaed · 1976 · cited in 1 Alaska opinions naming this issue, 1979–1979
2 sentences

1979An essential requisite to an award of attorney’s fees under § 1988 appears to be that the claim be meritorious. 21 Clanton v. Allied Chemical Corporation, 409 F.Supp. 282, 285 (E.D.Va.1976); Downs v. Department of Public Welfare, Haverford State Hospital, 65 F.R.D. 557 (E.D.Pa.1974); Mental Patients Civil Liberties Project v. Hospital Staff Civil Rights Committee, Department of Public Welfare, 444 F.Supp. 981, 986 (E.D.Pa.1977).

1979An essential requisite to an award of attorney's fees under § 1988 appears to be that the claim be meritorious. [21] Clanton v. Allied Chemical Corporation, 409 F. Supp. 282, 285 (E.D.Va. 1976); Downs v. Department of Public Welfare, Haverford State Hospital, 65 F.R.D. 557 (E.D.Pa. 1974); Mental Patients Civil Liberties Project v. Hospital Staff Civil Rights Committee, Department of Public Welfare, 444 F. Supp. 981, 986 (E.D.Pa. 1977).

11
Ackerman v. Board of Education of City of New Yorkgreen
nysd · 1974 · cited in 1 Alaska opinions naming this issue, 1979–1979
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Lake & Peninsula Borough Assembly v. Oberlatzgreen
alaska · 2014 · cited in 2 Alaska opinions naming this issue, 2015–2015
2 sentences

2015But see Oberlatz, 329 P.3d at 227 n. 38 ("We note that the [plaintiffs] are not entitled to an attorney|'s] fees award for work done solely on claims against the [defendant] that did not concern the [plaintiffs'] constitutional rights...." (citing AS 09.60.010(c)(1))).

2015But see Oberlatz, 329 P.3d at 227 n.38 (“We note that the [plaintiffs] are not entitled to an attorney[’s] fees award for work done solely on claims against the [defendant] that did not concern the [plaintiffs’] constitutional rights . . . .” (citing AS 09.60.010(c)(1))). -20- 7008

22

Also cited on this issue (14)

CaseCitedYears
Fox v. Vice green
scotus · 2011
2 sentences

2015Cf. Fox, 131 S. Ct. at 2215 n.3 (noting test g overning prevailing plaintiffs’ 42 U.S.C. § 1988 attorney’s fees is more generous than that governing prevailing defendants’ fees).

2015Fox v. Vice involved the federal rule that a plaintiff cannot be liable for attorney’s fees under 42 U.S.C. § 1988 unless the “ ‘action was frivolous, unreasonable, or without foundation.’ ” 131 S. Ct. at 2213 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978)).

22015–2015
Farrar v. Hobby green
scotus · 1992
2 sentences

1995In Farrar v. Cain, 756 F.2d 1148 (5th Cir.1985), appeal following remand, Estate of Farrar v. Cain, 941 F.2d 1311 (5th Cir.1991), aff'd in part and rev’d in part, sub nom., Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992) (holding nominal damages sufficient to establish prevailing party status but affirming denial of attorney’s fees on ground that award of nominal damages does not usually entitle a prevailing party to fees under 28 U.S.C. § 1988 ), the jury found that Hobby had violated the plaintiffs’ civil rights, but awarded no damages against Hobby or other defendants

1995In Farrar v. Cain, 756 F.2d 1148 (5th Cir.1985), appeal following remand, Estate of Farrar v. Cain, 941 F.2d 1311 (5th Cir.1991), aff'd in part and rev’d in part, sub nom., Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992) (holding nominal damages sufficient to establish prevailing party status but affirming denial of attorney’s fees on ground that award of nominal damages does not usually entitle a prevailing party to fees under 28 U.S.C. § 1988 ), the jury found that Hobby had violated the plaintiffs’ civil rights, but awarded no damages against Hobby or other defendants

21995–2000
Estate of Joseph D. Farrar and Dale Lawson Farrar v. Clarence D. Cain, and William P. Hobby, Jr. green
ca5 · 1991
1 sentence

1995In Farrar v. Cain, 756 F.2d 1148 (5th Cir.1985), appeal following remand, Estate of Farrar v. Cain, 941 F.2d 1311 (5th Cir.1991), aff'd in part and rev’d in part, sub nom., Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992) (holding nominal damages sufficient to establish prevailing party status but affirming denial of attorney’s fees on ground that award of nominal damages does not usually entitle a prevailing party to fees under 28 U.S.C. § 1988 ), the jury found that Hobby had violated the plaintiffs’ civil rights, but awarded no damages against Hobby or other defendants

11995–1995
Joseph Davis Farrar and Dale Lawson Farrar v. Clarence D. Cain green
ca5 · 1985
1 sentence

1995In Farrar v. Cain, 756 F.2d 1148 (5th Cir.1985), appeal following remand, Estate of Farrar v. Cain, 941 F.2d 1311 (5th Cir.1991), aff'd in part and rev’d in part, sub nom., Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992) (holding nominal damages sufficient to establish prevailing party status but affirming denial of attorney’s fees on ground that award of nominal damages does not usually entitle a prevailing party to fees under 28 U.S.C. § 1988 ), the jury found that Hobby had violated the plaintiffs’ civil rights, but awarded no damages against Hobby or other defendants

11995–1995
City of Riverside v. Rivera green
scotus · 1986
2 sentences

1993Alaska Legal Services notes that in Rivera the Supreme Court expressly "reject[edj the proposition that fee awards under § 1988 should necessarily be proportionate to the amount of damages a civil rights plaintiff actually recovers." 477 U.S. at 574 , 106 S.Ct. at 2694 .

1993Alaska Legal Services notes that in Rivera the Supreme Court expressly "reject[edj the proposition that fee awards under § 1988 should necessarily be proportionate to the amount of damages a civil rights plaintiff actually recovers." 477 U.S. at 574 , 106 S.Ct. at 2694 .

11993–1993
Maher v. Gagne green
scotus · 1980
2 sentences

1993Section 1988 attorney’s fees are appropriate if a settlement disposes of a federal civil rights issue that "remained in the case until the entire case is settled,” Maher v. Gagne, 448 U.S. 122, 134 , 100 S.Ct. 2570, 2577 , 65 L.Ed.2d 653 (1980) (Powell, J., concurring), and the issue disposed of is a "significant issue in litigation." Texas State Teachers Ass’n v. Garland Indep.

1993Section 1988 attorney’s fees are appropriate if a settlement disposes of a federal civil rights issue that "remained in the case until the entire case is settled,” Maher v. Gagne, 448 U.S. 122, 134 , 100 S.Ct. 2570, 2577 , 65 L.Ed.2d 653 (1980) (Powell, J., concurring), and the issue disposed of is a "significant issue in litigation." Texas State Teachers Ass’n v. Garland Indep.

11993–1993
Caputo v. City of Chicago green
illappct · 1983
2 sentences

1989Id. 68 Ill.Dec. at 845 , 446 N.E.2d at 1242 .

1989Id. 68 Ill.Dec. at 845 , 446 N.E.2d at 1242 .

11989–1989
Burkee v. Busche green
scotus · 1981
2 sentences

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) (“ ‘[Pjlaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,’ ” quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney’s fees under § 1988); see also Teitelbaum v. Sorenson, 6

1984See Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40, 50 (1983) (“ ‘[Pjlaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit,’ ” quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)); Busche v. Burkee, 649 F.2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897 , 102 S.Ct. 396 , 70 L.Ed.2d 212 (1981)(plaintiff need not prevail on every issue to be awarded attorney’s fees under § 1988); see also Teitelbaum v. Sorenson, 6

11984–1984
Hootch Ex Rel. Hootch v. Alaska State-Operated School System green
alaska · 1975
11979–1979
Downs v. Department of Public Welfare green
paed · 1974
2 sentences

1979An essential requisite to an award of attorney’s fees under § 1988 appears to be that the claim be meritorious. 21 Clanton v. Allied Chemical Corporation, 409 F.Supp. 282, 285 (E.D.Va.1976); Downs v. Department of Public Welfare, Haverford State Hospital, 65 F.R.D. 557 (E.D.Pa.1974); Mental Patients Civil Liberties Project v. Hospital Staff Civil Rights Committee, Department of Public Welfare, 444 F.Supp. 981, 986 (E.D.Pa.1977).

1979An essential requisite to an award of attorney's fees under § 1988 appears to be that the claim be meritorious. [21] Clanton v. Allied Chemical Corporation, 409 F. Supp. 282, 285 (E.D.Va. 1976); Downs v. Department of Public Welfare, Haverford State Hospital, 65 F.R.D. 557 (E.D.Pa. 1974); Mental Patients Civil Liberties Project v. Hospital Staff Civil Rights Committee, Department of Public Welfare, 444 F. Supp. 981, 986 (E.D.Pa. 1977).

11979–1979
Parker v. Matthews green
dcd · 1976
11979–1979
Hutto v. Finney red
scotus · 1979
2 sentences

1979This holding was re-affirmed last term in Hutto v. Finney, 437 U.S. 678 , 98 S.Ct. 2565 , 57 L.Ed.2d 522 (1978).

1979This holding was re-affirmed last term in Hutto v. Finney, 437 U.S. 678 , 98 S.Ct. 2565 , 57 L.Ed.2d 522 (1978).

11979–1979
Schmidt v. Schubert green
wied · 1977
11979–1979
Buckton v. National Collegiate Athletic Assn. green
mad · 1977
11979–1979

Statutes the citing opinions construe

USC § 42u.s.c.1988 (12) USC § 42u.s.c.1983 (5)

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.

Where else courts name it

NY 100 (1979–2024) CA 74 (1979–2025) NJ 46 (1979–2019) MA 45 (1981–2025) IL 30 (1983–2022) WA 30 (1980–2017) TX 27 (1990–2025) IN 26 (1981–2016) CO 25 (1980–2026) AL 23 (1981–2016) TN 21 (1986–2022) OH 20 (1984–2016) MD 19 (1983–2025) NM 19 (1985–2019) FL 18 (1983–2026) ID 15 (1984–2025) ME 14 (1979–2009) WI 14 (1980–2008) CT 14 (1995–2015) MN 13 (1984–2017) MT 13 (1987–2018) RI 13 (1984–2010) AK 12 (1979–2015) AZ 12 (1983–2020) OR 12 (1981–2010) DC 12 (1985–2023) KS 12 (1982–2015) PA 11 (1984–2026) LA 11 (1991–2022) OK 10 (1994–2023) UT 10 (1989–2009) NE 9 (1986–2021) NC 8 (1982–2012) DE 7 (1984–2003) AR 7 (1987–2025) MO 7 (1980–2007) NV 6 (1987–2026) HI 6 (1997–2016) MS 6 (1987–2012) VT 5 (1985–2012) MI 5 (1986–2007) WV 5 (1984–2008) ND 5 (1986–2022) GA 5 (1985–1996) IA 5 (1980–2010) WY 4 (1990–2019) NH 4 (1981–2007) KY 3 (1981–1998) SC 2 (2000–2016) VA 2 (1989–2010) SD 2 (1983–2000)

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.

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