Attorney’s Fees Tag

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Posted 28 Aug 2017 in Case Notes, Commentary, Monday Morning Review
In an unusual move, the Supreme Court accepted a case during its summer recess.  Like most of its docket, this case will affect states and local governments. The Prison Litigation Reform Act (PLRA) states that when an inmate recovers money damages in a confinement conditions case “a portion of the judgment (not to exceed 25 percent)” shall be applied to his or her attorney’s fees award. The question the Supreme Court will decide in Murphy v. Smith is whether “not to exceed 25 percent” means up to 25 percent or exactly 25 percent. A jury awarded inmate Charles Murphy about $300,000 in damages relating to an officer crushing his eye socket and leaving him unconscious in a cell without checking his condition. The trial judge awarded Murphy’s attorney about $100,000 in fees and allocated 10 percent of Murphy’s damages award to attorney’s fees (about $30,000).

Posted 10 Nov 2014 in Monday Morning Review
Here are the last two weeks' published decisions involving local governments:court collumn Second Circuit Sixth Circuit

Posted 28 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments: SCT stairs[Update: I added the Ninth Circuit's Daubert decision. (7/31)] Second Circuit Carter v. Inc. Vill. of Ocean Beach, No. 13-815 (July 21, 2014): Affirming award of attorney's fees to County defendants in case brought by former police officers alleging wrongful termination and defamation. Cox v. Onondaga Sheriff's Dept., No. 12-1526 (July 23, 2014): Affirming dismissal of complaint alleging Title VII retaliation for racial-harassment claims. Reyes v. New York City Dept. of Ed., No. 13-158 (July 25, 2014): Finding that under IDEA, proposed IEP and school placement failed to provide student with free appropriate public education. Fourth Circuit

Posted 21 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:judicial bench First Circuit Merit Construction Alliance v. City of Quincy, No. 13-2189 (July 16, 2014): The court concluded that the district court: (1) properly determined that ERISA preempts a City ordinance mandating a specific apprentice-training program; and (2) erred by awarding attorney's fees under ERISA's fee-shifting statute. Third Circuit Batchelor v. Rose Tree Media Sch. Dist., No. 13-2192 (July 17, 2014): The court found that retaliation claims related to enforcement under the Indviduals with Disabilities in Education Act must be exhausted before a court may assert subject-matter jurisdiction.

Posted 16 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments, a couple days late this week:Alexandria-court Second Circuit E.M. v. New York City Dept. of Ed., No. 11-1427 (July 11, 2014) (in IDEA case, concluding that district court improperly concluded that IEP was adequate by relying on retrospective evidence extrinsic to the IEP). Fourth Circuit Lefemine v. Wideman, No. 13-1629 (July 11, 2014) (reversing determination that successful plaintiff in 1983 First-Amendment case was not entitled to attorney's fees).

Posted 07 Jul 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:law books Sixth Circuit Hescott v. City of Saginaw, No. 13-2103 (July 2, 2014) (ruling that district court erred denying attorney's fees to Hescotts in their successful 1983 action claiming that the City had unconstitutionally seized their personal effects by demolishing their property). Seventh Circuit Scherr v. City of Chicago, No. 13-1992 (July 2, 2014) (affirming that 1983 suit against officer based on alleged Fourth-Amendment violation was properly dismissed).

Posted 16 Sep 2013 in Monday Morning Review

Here's how local governments fared in the federal courts of appeals during the past week. Eighth Circuit Brian Johnson v. Minneapolis Park, No. 12-2419 (Sept. 11, 2013). Finding that individual seeking to distribute Bibles during festival in public park is likely to prevail in his First Amendment challenge. See our coverage here. Ninth Circuit C.B. v. City of Sonora, No. 11-17454 (Sept. 12, 2013). Remanding for new trial and addressing qualified immunity issue under Fourth Amendment arising out of handcuffing and driving juvenile from school. Sylvia Landfill Trust v. City...