section 1988 fees (Hawaii) · Go Syfert
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section 1988 fees in Hawaii

6 Hawaii opinions name it 1 courts 1997–2016 0 in the last five years

The cases below were cited by Hawaii 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 (4)

CaseFollowedCited
Robert F. Christensen and Eileen F. Christensen v. Commissioner of Internal Revenue Servicegreen
ca9 · 1986 · cited in 1 Hawaii opinions naming this issue, 2016–2016
2 sentences

2016Christensen v. Comm’r, 786 F.2d 1382, 1385 (9th Cir.1986); see, e.g., Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir.2003) (“Courts have a duty to construe pro se pleadings liberally, including pro se motions as well as complaints.” (citations omitted)) (reviewing district court’s denial of pro se plaintiffs motion for preliminary injunction barring defendant county from settling plaintiffs civil rights action in a way that interferes with her counsel’s ability to apply for attorney’s fees under 42 U.S.C. § 1988 ).

2016Christensen v. Comm’r, 786 F.2d 1382, 1385 (9th Cir. 1986); see, e.g., Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir. 2003) (“Courts have a duty to construe pro se pleadings liberally, including pro se motions as well as complaints.” (citations omitted)) (reviewing district court’s denial of pro se plaintiff’s motion for preliminary injunction barring defendant county from settling plaintiff’s civil rights action in a way that interferes with her counsel’s ability to apply for attorney’s fees under 42 U.S.C. § 1988 ).

11
Angela Bernhardt v. Los Angeles County Lloyd W. Pellman, Individually and in His Official Capacitygreen
ca9 · 2003 · cited in 1 Hawaii opinions naming this issue, 2016–2016
2 sentences

2016Christensen v. Comm’r, 786 F.2d 1382, 1385 (9th Cir.1986); see, e.g., Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir.2003) (“Courts have a duty to construe pro se pleadings liberally, including pro se motions as well as complaints.” (citations omitted)) (reviewing district court’s denial of pro se plaintiffs motion for preliminary injunction barring defendant county from settling plaintiffs civil rights action in a way that interferes with her counsel’s ability to apply for attorney’s fees under 42 U.S.C. § 1988 ).

2016Christensen v. Comm’r, 786 F.2d 1382, 1385 (9th Cir. 1986); see, e.g., Bernhardt v. Los Angeles Cnty., 339 F.3d 920, 925 (9th Cir. 2003) (“Courts have a duty to construe pro se pleadings liberally, including pro se motions as well as complaints.” (citations omitted)) (reviewing district court’s denial of pro se plaintiff’s motion for preliminary injunction barring defendant county from settling plaintiff’s civil rights action in a way that interferes with her counsel’s ability to apply for attorney’s fees under 42 U.S.C. § 1988 ).

11
In Re the Tax Appeal of Hawaiian Flour Mills, Inc.green
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 2006–2006
2 sentences

2006See In re Tax Appeal of Hawaiian Flour Mills, 76 Hawai'i 1, 15 , 868 P.2d 419, 433 (1994) (“Deployed on the front lines of litigation, the trial court ‘is best acquainted with the local bar’s litigation practices and thus best situated to determine when a sanction is warranted to serve Rule ll’s goal of specific and general deterrence.’” (Citation omitted.)). 8 IV.

2006See In re Tax Appeal of Hawaiian Flour Mills, 76 Hawai'i 1, 15 , 868 P.2d 419, 433 (1994) (“Deployed on the front lines of litigation, the trial court ‘is best acquainted with the local bar’s litigation practices and thus best situated to determine when a sanction is warranted to serve Rule ll’s goal of specific and general deterrence.’” (Citation omitted.)). 8 IV.

11
Alfred W. Chesny, Individually, and as Administrator of the Estate of Steven Chesny, Deceased v. J. Marekred
ca7 · 1984 · cited in 1 Hawaii opinions naming this issue, 1997–1997
1 sentence

1997Plaintiffs would face the prospect of losing the right to attorneys’ fees if a judgment less than the amount of the offer of judgment was ultimately awarded at trial. ‘‘The legislators who enacted section 1988 would not have wanted its effectiveness blunted because of a little known rule of court.” Chesny v. Marek, 720 F.2d 474, 479 (7th Cir.1983), cert. granted, 466 U.S. 949 , 104 S.Ct. 2149 , 80 L.Ed.2d 536 (1984).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Dean v. Riser green
ca5 · 2001
2 sentences

2003In Dean , the Fifth Circuit was faced with the question of whether the plaintiffs’ voluntary dismissal of their civil rights action against the defendant warranted attorney’s fees under 42 U.S.C.A. § 1988 . 7 Dean, 240 F.3d at 506 .

2003In Dean, the Fifth Circuit was faced with the question of whether the plaintiffs' voluntary dismissal of their civil rights action against the defendant warranted attorney's fees under 42 U.S.C.A. § 1988 . [7] Dean, 240 F.3d at 506 .

12003–2003
Christiansburg Garment Co. v. Equal Employment Opportunity Commission green
scotus · 1978
2 sentences

2003In examining that statute, which allowed such fees for the prevailing party, the Fifth Circuit explained that Congress intended that attorney’s fees be awarded to “ ‘make it easier for a plaintiff of limited means to bring a meritorious suit,’ ” and “to protect defendants from burdensome litigation having no legal or factual basis.” Id. at 508 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 420 , 98 S.Ct. 694 , 54 L.Ed.2d 648 , (1978)).

2003In examining that statute, which allowed such fees for the prevailing party, the Fifth Circuit explained that Congress intended that attorney’s fees be awarded to “ ‘make it easier for a plaintiff of limited means to bring a meritorious suit,’ ” and “to protect defendants from burdensome litigation having no legal or factual basis.” Id. at 508 (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 420 , 98 S.Ct. 694 , 54 L.Ed.2d 648 , (1978)).

12003–2003
Hanrahan v. Hampton green
scotus · 1980
2 sentences

2002Hanrahan v. Hampton, 446 U.S. 754 , 100 S.Ct. 1987 , 64 L.Ed.2d 670 (1980), a case involving the award of attorneys’ fees pursuant to 42 U.S.C. § 1988 , is similar to this case.

2002Hanrahan v. Hampton, 446 U.S. 754 , 100 S.Ct. 1987 , 64 L.Ed.2d 670 (1980), a case involving the award of attorneys’ fees pursuant to 42 U.S.C. § 1988 , is similar to this case.

12002–2002
Missouri v. Jenkins Ex Rel. Agyei green
scotus · 1989
1 sentence

2001“A reasonable attorney’s fee under § 1988 is one calculated on the basis of rates and practices prevailing in the relevant market, i.e., in line with those rates prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Id. at 286, 109 S.Ct. 2463 (internal quotation marks, citation, and brackets omitted).

12001–2001
Marek v. Chesny green
scotus · 1984
2 sentences

1997Plaintiffs would face the prospect of losing the right to attorneys’ fees if a judgment less than the amount of the offer of judgment was ultimately awarded at trial. ‘‘The legislators who enacted section 1988 would not have wanted its effectiveness blunted because of a little known rule of court.” Chesny v. Marek, 720 F.2d 474, 479 (7th Cir.1983), cert. granted, 466 U.S. 949 , 104 S.Ct. 2149 , 80 L.Ed.2d 536 (1984).

1997Plaintiffs would face the prospect of losing the right to attorneys’ fees if a judgment less than the amount of the offer of judgment was ultimately awarded at trial. ‘‘The legislators who enacted section 1988 would not have wanted its effectiveness blunted because of a little known rule of court.” Chesny v. Marek, 720 F.2d 474, 479 (7th Cir.1983), cert. granted, 466 U.S. 949 , 104 S.Ct. 2149 , 80 L.Ed.2d 536 (1984).

11997–1997
Demarest v. United States green
scotus · 1984
1 sentence

1997Plaintiffs would face the prospect of losing the right to attorneys’ fees if a judgment less than the amount of the offer of judgment was ultimately awarded at trial. ‘‘The legislators who enacted section 1988 would not have wanted its effectiveness blunted because of a little known rule of court.” Chesny v. Marek, 720 F.2d 474, 479 (7th Cir.1983), cert. granted, 466 U.S. 949 , 104 S.Ct. 2149 , 80 L.Ed.2d 536 (1984).

11997–1997
Marek v. Chesny green
scotus · 1985
2 sentences

1997The court held that “absent congressional expressions to the contrary, where the underlying statute defines ‘costs’ to include attorneys’ fees, we are satisfied such fees are to be included as costs for the purposes of Rule 68.” Marek, 473 U.S. at 9 , 105 S.Ct. at 3016 .

1997The court held that “absent congressional expressions to the contrary, where the underlying statute defines ‘costs’ to include attorneys’ fees, we are satisfied such fees are to be included as costs for the purposes of Rule 68.” Marek, 473 U.S. at 9 , 105 S.Ct. at 3016 .

11997–1997

Statutes the citing opinions construe

USC § 42u.s.c.1988 (6) HI § Haw. Rev. Stat. § 378-5 (3) HI § Haw. Rev. Stat. § 607-14 (3) HI § Haw. Rev. Stat. § 607-9 (3)

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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