Monday, November 1, 2010
The Supreme Court granted certiorari today in Fox v. Vice (No. 10-114), which presents the following questions:
1) Can defendants be awarded attorney's fees under 42 U.S.C. § 1988 in an action based on a dismissal of a claim, when the plaintiff has asserted other interrelated and non-frivolous claims?
2) Is it improper to award defendants all of the attorney's fees they incurred in an action under 42 U.S.C. § 1988, when the fees were spent defending non-frivolous claims that were intertwined with the frivolous claim?