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6 Mississippi opinions name it 1 courts 1987–2012 0 in the last five years
The cases below were cited by Mississippi 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 |
|---|---|---|
State v. Robinsongreen2 sentences2007Welfare, *295 387 Mass. 312 , 439 N.E.2d 778 , 787 n. 8 (1982) (Supreme Judicial Court of Massachusetts finding that although the calculation of an award under § 1988 was governed by federal law, it was not bound to follow the method adopted by the First Circuit); State v. Cody, 319 Mont. 82 , 82 P.3d 27, 30 (2003) (Montana Supreme Court refusing to follow Ninth Circuit's interpretation of federal law, stating the Courts of Appeals "do not have appellate jurisdiction over the state courts and their decisions are not conclusive on state courts, even on questions of federal law"); Lincoln Elec. 2007Welfare, *295 387 Mass. 312 , 439 N.E.2d 778 , 787 n. 8 (1982) (Supreme Judicial Court of Massachusetts finding that although the calculation of an award under § 1988 was governed by federal law, it was not bound to follow the method adopted by the First Circuit); State v. Cody, 319 Mont. 82 , 82 P.3d 27, 30 (2003) (Montana Supreme Court refusing to follow Ninth Circuit's interpretation of federal law, stating the Courts of Appeals "do not have appellate jurisdiction over the state courts and their decisions are not conclusive on state courts, even on questions of federal law"); Lincoln Elec. | 2 | 2 |
Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State Prisonred2 sentences1997Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "`plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983)( quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (C.A.1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defen 1995Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "'plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983) (quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (CA1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defenda | 2 | 2 |
Farrar v. Hobbygreen2 sentences1997The threshold determination with regard to a Section 1988 fee award is whether the movant or petitioner is a "prevailing party." In Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992), the Supreme Court held: Congress intended to permit the ... award of counsel fees only when a party has prevailed on the merits. 1997The threshold determination with regard to a Section 1988 fee award is whether the movant or petitioner is a "prevailing party." In Farrar v. Hobby, 506 U.S. 103 , 113 S.Ct. 566 , 121 L.Ed.2d 494 (1992), the Supreme Court held: Congress intended to permit the ... award of counsel fees only when a party has prevailed on the merits. | 1 | 2 |
Bruce v. Brucegreen1 sentence2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
White v. New Hampshire Department of Employment Security
green
2 sentences2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . 2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . | 3 | 1995–2012 |
Stratos v. Department of Public Welfare
green
2 sentences2007Welfare, *295 387 Mass. 312 , 439 N.E.2d 778 , 787 n. 8 (1982) (Supreme Judicial Court of Massachusetts finding that although the calculation of an award under § 1988 was governed by federal law, it was not bound to follow the method adopted by the First Circuit); State v. Cody, 319 Mont. 82 , 82 P.3d 27, 30 (2003) (Montana Supreme Court refusing to follow Ninth Circuit's interpretation of federal law, stating the Courts of Appeals "do not have appellate jurisdiction over the state courts and their decisions are not conclusive on state courts, even on questions of federal law"); Lincoln Elec. 2007Welfare, *295 387 Mass. 312 , 439 N.E.2d 778 , 787 n. 8 (1982) (Supreme Judicial Court of Massachusetts finding that although the calculation of an award under § 1988 was governed by federal law, it was not bound to follow the method adopted by the First Circuit); State v. Cody, 319 Mont. 82 , 82 P.3d 27, 30 (2003) (Montana Supreme Court refusing to follow Ninth Circuit's interpretation of federal law, stating the Courts of Appeals "do not have appellate jurisdiction over the state courts and their decisions are not conclusive on state courts, even on questions of federal law"); Lincoln Elec. | 2 | 2004–2007 |
Kentucky v. Graham
green
2 sentences1997Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "`plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983)( quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (C.A.1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defen 1997Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "`plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983)( quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (C.A.1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defen | 2 | 1995–1997 |
Hensley v. Eckerhart
red
2 sentences1997Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "`plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983)( quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (C.A.1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defen 1997Therefore, in order to qualify for attorney's fees under § 1988, a plaintiff must be a "prevailing party." Under our "generous formulation" of the term, "`plaintiffs 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.'" Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933, 1939 , 76 L.Ed.2d 40 (1983)( quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-279 (C.A.1 1978)). "[L]iability on the merits and responsibility for fees go hand in hand; where a defen | 2 | 1995–1997 |
Hanrahan v. Hampton
green
2 sentences1997Hanrahan v. Hampton, 446 U.S. 754, 758 , 100 S.Ct. *945 1987, 1989, 64 L.Ed.2d 670 (1980) (per curiam). 1997Hanrahan v. Hampton, 446 U.S. 754, 758 , 100 S.Ct. *945 1987, 1989, 64 L.Ed.2d 670 (1980) (per curiam). | 2 | 1995–1997 |
William Knighton, Cross-Appellant v. John C. Watkins, Cross-Appellees
green
1 sentence2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . | 1 | 2012–2012 |
Cruse v. Nunley
green
1 sentence2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . | 1 | 2012–2012 |
Buchanan v. Stanships, Inc.
green
2 sentences2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . 2012See, e.g., Bruce, 587 So.2d at 903 (post-judgment fees authorized in divorce action based upon established precedent and financial need of spouse); Cruse v. Nunley, 699 So.2d 941 (Miss.1997) ( 42 U.S.C. § 1988 authorized fees); Buchanan, 485 U.S. at 267-68 , 108 S.Ct. 1130 ( 42 U.S.C. § 1988 authorized fees); White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982) ( 42 U.S.C. § 1988 authorized fees); Knighton v. Watkins, 616 F.2d 795 (5th Cir.1980) ( 42 U.S.C. § 1988 authorized fees). . | 1 | 2012–2012 |
Kay v. Ehrler
green
2 sentences1997Kay v. Ehrler, 499 U.S. 432 , 111 S.Ct. 1435 , 113 L.Ed.2d 486 (1991). ¶ 21. 1997Kay v. Ehrler, 499 U.S. 432 , 111 S.Ct. 1435 , 113 L.Ed.2d 486 (1991). ¶ 21. | 1 | 1997–1997 |
Jack White v. South Park Independent School District
green
1 sentence1987Vaughner v. Pulito, 804 F.2d 873 (5th Cir.1986); Kirchberg v. Feenstra, 708 F.2d 991 (5th Cir.1983); White v. South Park Independent School District, 693 F.2d 1163 (5th Cir.1982). | 1 | 1987–1987 |
Karl J. Kirchberg v. Joan Paillot Feenstra, Defendant-Third-Party v. David C. Treen and State of Louisiana, Third-Party
green
1 sentence1987Vaughner v. Pulito, 804 F.2d 873 (5th Cir.1986); Kirchberg v. Feenstra, 708 F.2d 991 (5th Cir.1983); White v. South Park Independent School District, 693 F.2d 1163 (5th Cir.1982). | 1 | 1987–1987 |
City of Riverside v. Rivera
green
2 sentences1987City of Riverside v. Rivera, 477 U.S. 561 , 106 S.Ct. 2686 , 91 L.Ed.2d 466 (1986). 1987City of Riverside v. Rivera, 477 U.S. 561 , 106 S.Ct. 2686 , 91 L.Ed.2d 466 (1986). | 1 | 1987–1987 |
Vaughner v. Pulito
green
1 sentence1987Vaughner v. Pulito, 804 F.2d 873 (5th Cir.1986); Kirchberg v. Feenstra, 708 F.2d 991 (5th Cir.1983); White v. South Park Independent School District, 693 F.2d 1163 (5th Cir.1982). | 1 | 1987–1987 |
Cobb v. Miller
green
1 sentence1987Cobb v. Miller, 818 F.2d 1227 (5th Cir.1987). | 1 | 1987–1987 |
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.