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· 7/17/2009

Burke v. McDonald

Citations

  • 572 F.3d 51
  • 2009 U.S. App. LEXIS 15784
  • 2009 WL 2099519

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ‘Where, as here, a claim of instructional error challenges the very basis for instructing or refusing to instruct on a particular subject, we review that claim of error de novo.”
  • “ ‘[w]e will uphold a jury award if it is a result of “any rational appraisal or estimate of the damages that could be based on the evidence before the jury” ’ ”
  • “[I]t is appropriate to take into account the changes in billing rates over time.”
  • “It is well-established that fees are appropriately excluded from the lodestar when different claims for relief are not interconnected, that is, when the claims rest on different facts and legal theories”
  • “It is well- established that fees are appropriately excluded from the lodestar when different claims for relief are not interconnected, that is, when the claims rest on different facts and legal theories”
  • common law tort principles of causation apply to § 1983 cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Howard, Selya, Hansen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.