section 1988 fees (North Carolina) · Go Syfert
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section 1988 fees in North Carolina

8 North Carolina opinions name it 2 courts 1982–2012 0 in the last five years

The cases below were cited by North Carolina 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 (7)

CaseFollowedCited
Shaw v. Jonesgreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010Shaw v. Jones, 81 N.C.App. 486, 489-90 , 344 S.E.2d 321, 324 (1986).

2010Shaw v. Jones, 81 N.C.

11
James D. ARNOLD, Jr., Appellant, v. BURGER KING CORPORATION and Fickling Enterprises, Appelleesgreen
ca4 · 1983 · cited in 1 North Carolina opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Arnold v. Burger King Corp., 719 F.2d 63 (4th Cir. 1983), cert. denied, 469 U.S. 826 , 83 L.Ed.2d 51 (1984) (discussing the reasons courts have found a claim frivolous); Hutchison v. Staton, 994 F.2d 1076 (4th Cir. 1993) (finding the district court properly granted attorney’s fees against a plaintiff who brought a § 1983 claim which *594 was “conjecture” and “speculation” and “had no basis in fact”); DeBauche v. Trani, 191 F.3d. 499 (4th Cir. 1999) (finding that the trial court acted within its discretion in awarding attorney’s fees on the basis that plaintiffs claim was “groundless

11
Arnold v. Burger King Corp.green
scotus · 1984 · cited in 1 North Carolina opinions naming this issue, 2000–2000
2 sentences

2000See, e.g., Arnold v. Burger King Corp., 719 F.2d 63 (4th Cir. 1983), cert. denied, 469 U.S. 826 , 83 L.Ed.2d 51 (1984) (discussing the reasons courts have found a claim frivolous); Hutchison v. Staton, 994 F.2d 1076 (4th Cir. 1993) (finding the district court properly granted attorney’s fees against a plaintiff who brought a § 1983 claim which *594 was “conjecture” and “speculation” and “had no basis in fact”); DeBauche v. Trani, 191 F.3d. 499 (4th Cir. 1999) (finding that the trial court acted within its discretion in awarding attorney’s fees on the basis that plaintiffs claim was “groundless

2000See, e.g., Arnold v. Burger King Corp., 719 F.2d 63 (4th Cir. 1983), cert. denied, 469 U.S. 826 , 83 L.Ed.2d 51 (1984) (discussing the reasons courts have found a claim frivolous); Hutchison v. Staton, 994 F.2d 1076 (4th Cir. 1993) (finding the district court properly granted attorney’s fees against a plaintiff who brought a § 1983 claim which *594 was “conjecture” and “speculation” and “had no basis in fact”); DeBauche v. Trani, 191 F.3d. 499 (4th Cir. 1999) (finding that the trial court acted within its discretion in awarding attorney’s fees on the basis that plaintiffs claim was “groundless

11
Purdy v. Browngreen
nc · 1982 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999See Purdy v. Brown, 307 N.C. 93, 96 , 296 S.E.2d 459, 462 (1982) (stating that “attorney’s fees under § 1988 are ‘cost then accrued’ within the meaning of that phrase as it is used in Rule 68”).

1999See Purdy v. Brown, 307 N.C. 93, 96 , 296 S.E.2d 459, 462 (1982) (stating that “attorney’s fees under § 1988 are ‘cost then accrued’ within the meaning of that phrase as it is used in Rule 68”).

11
Miller v. Hendersongreen
ncctapp · 1984 · cited in 1 North Carolina opinions naming this issue, 1986–1986
1 sentence

1986App. 366, 371-72 , 322 S.E. 2d 594, 598 (1984): It is clear prevailing defendants as well as plaintiffs are entitled to an award of fees under § 1988.

11
Christiansburg Garment Co. v. Equal Employment Opportunity Commissiongreen
scotus · 1978 · cited in 1 North Carolina opinions naming this issue, 1984–1984
2 sentences

1984See Christiansburg Gar *372 ment Co. v. EEOC, 434 U.S. 412 , 54 L.Ed. 2d 648 , 98 S.Ct. 694 (1978); Lotz, supra. In order to be entitled to attorney’s fees, however, a defendant must show that the action brought against him was “frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” Christiansburg, supra at 422 , 54 L.Ed. 2d at 657 , 98 S.Ct. at 701 .

1984See Christiansburg Gar *372 ment Co. v. EEOC, 434 U.S. 412 , 54 L.Ed. 2d 648 , 98 S.Ct. 694 (1978); Lotz, supra. In order to be entitled to attorney’s fees, however, a defendant must show that the action brought against him was “frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” Christiansburg, supra at 422 , 54 L.Ed. 2d at 657 , 98 S.Ct. at 701 .

11
Delta Air Lines, Inc. v. Augustgreen
scotus · 1981 · cited in 1 North Carolina opinions naming this issue, 1982–1982
2 sentences

1982See, e.g., Delta Air Lines, Inc. v. August, 450 U.S. 346 , 101 S.Ct. 1146 , 67 L.Ed. 2d 287 (1981) (Title VII action, statute entitles prevailing party, in court’s discretion, to “a reasonable attorney’s fee as part of the costs” 42 U.S.C. § 2000e-5(k); Coop v. City of South Bend, 635 F. 2d 652 (7th Cir. 1980) (award of attorney’s fees under 42 U.S.C. § 1988 ); Waters v. Heublein, 485 F. Supp. 110 (N.D.

1982See, e.g., Delta Air Lines, Inc. v. August, 450 U.S. 346 , 101 S.Ct. 1146 , 67 L.Ed. 2d 287 (1981) (Title VII action, statute entitles prevailing party, in court’s discretion, to “a reasonable attorney’s fee as part of the costs” 42 U.S.C. § 2000e-5(k); Coop v. City of South Bend, 635 F. 2d 652 (7th Cir. 1980) (award of attorney’s fees under 42 U.S.C. § 1988 ); Waters v. Heublein, 485 F. Supp. 110 (N.D.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Webb v. County Board of Education green
scotus · 1985
2 sentences

2012Webb, 471 U.S. at 243 , 85 L.

2012Webb, 471 U.S. at 243 , 85 L.

12012–2012
Hutchinson v. Staton green
ca4 · 1993
1 sentence

2000See, e.g., Arnold v. Burger King Corp., 719 F.2d 63 (4th Cir. 1983), cert. denied, 469 U.S. 826 , 83 L.Ed.2d 51 (1984) (discussing the reasons courts have found a claim frivolous); Hutchison v. Staton, 994 F.2d 1076 (4th Cir. 1993) (finding the district court properly granted attorney’s fees against a plaintiff who brought a § 1983 claim which *594 was “conjecture” and “speculation” and “had no basis in fact”); DeBauche v. Trani, 191 F.3d. 499 (4th Cir. 1999) (finding that the trial court acted within its discretion in awarding attorney’s fees on the basis that plaintiffs claim was “groundless

12000–2000
DeBauche v. Trani green
ca4 · 1999
1 sentence

2000See, e.g., Arnold v. Burger King Corp., 719 F.2d 63 (4th Cir. 1983), cert. denied, 469 U.S. 826 , 83 L.Ed.2d 51 (1984) (discussing the reasons courts have found a claim frivolous); Hutchison v. Staton, 994 F.2d 1076 (4th Cir. 1993) (finding the district court properly granted attorney’s fees against a plaintiff who brought a § 1983 claim which *594 was “conjecture” and “speculation” and “had no basis in fact”); DeBauche v. Trani, 191 F.3d. 499 (4th Cir. 1999) (finding that the trial court acted within its discretion in awarding attorney’s fees on the basis that plaintiffs claim was “groundless

12000–2000
Marryshow v. Flynn green
ca4 · 1993
1 sentence

1999Marryshow v. Flynn, 986 F.2d 689 (1993).

11999–1999
Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State Prison red
ca1 · 1978
1 sentence

1992We believe, however, that the mere fact that plaintiffs obtained a settlement does not automatically transform them into prevailing parties for purposes of an award of attorney’s fees. *196 In Nadeau v. Helgemoe, 581 F.2d 275 (1st Cir. 1978), the “merits test” was used by the court to determine who was the prevailing party entitled to attorney’s fees under 42 U.S.C. § 1988 .

11992–1992
Bob Coop and Rhonda Coop v. City of South Bend, David Shock and Vincent Laurita green
ca7 · 1980
1 sentence

1982See, e.g., Delta Air Lines, Inc. v. August, 450 U.S. 346 , 101 S.Ct. 1146 , 67 L.Ed. 2d 287 (1981) (Title VII action, statute entitles prevailing party, in court’s discretion, to “a reasonable attorney’s fee as part of the costs” 42 U.S.C. § 2000e-5(k); Coop v. City of South Bend, 635 F. 2d 652 (7th Cir. 1980) (award of attorney’s fees under 42 U.S.C. § 1988 ); Waters v. Heublein, 485 F. Supp. 110 (N.D.

11982–1982
Waters v. Heublein, Inc. green
cand · 1979
1 sentence

1982See, e.g., Delta Air Lines, Inc. v. August, 450 U.S. 346 , 101 S.Ct. 1146 , 67 L.Ed. 2d 287 (1981) (Title VII action, statute entitles prevailing party, in court’s discretion, to “a reasonable attorney’s fee as part of the costs” 42 U.S.C. § 2000e-5(k); Coop v. City of South Bend, 635 F. 2d 652 (7th Cir. 1980) (award of attorney’s fees under 42 U.S.C. § 1988 ); Waters v. Heublein, 485 F. Supp. 110 (N.D.

11982–1982

Statutes the citing opinions construe

USC § 42u.s.c.1988 (8) USC § 42u.s.c.1983 (5) NC § N.C. Gen. Stat. § 1A-1 (4)

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

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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