Monday, November 1, 2010

SCOTUS Cert Grant of Interest: Fox v. Vice

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?

SCOTUSblog’s case file, which contains links to the lower court opinion and the cert-stage briefs, is available here. The Supreme Court docket is available here.

--A

http://lawprofessors.typepad.com/civpro/2010/11/scotus-cert-grant-of-interest-fox-v-vice.html

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