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· 6/12/1985

Colombrito v. Kelly

Citations

  • 764 F.2d 122
  • 2 Fed. R. Serv. 3d 883
  • 1985 U.S. App. LEXIS 19893

How courts have described this case

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

  • observing that “when a lawsuit is voluntarily dismissed with prejudice under Fed. R. Civ. P. 41(a)(2), attorney’s fees have almost never been awarded”
  • explaining that parents' attempt to \deprogram\ their son, a process designed to force him to renounce his religious beliefs, constituted the \anti-religious animus or discriminatory intent required by § 1985(3)\
  • observing that fee-shifting might be a permissible condition for granting a Rule 41(a)(2
  • reversing fee award where lower court had recognized “complexity of the issues in the case” and “new and changing principles of constitutional law”
  • \[n]either meritlessness 4 alone nor improper motives alone will suffice\ to satisfy the \exceptional circumstance\ standard
  • “[W]hen a lawsuit 26 1 In Kamal, the Ninth Circuit noted that it has “not need[ed] to resolve whether a district court can impose attorney’s fees as a condition under Rule 41(a)(2

Source: CourtListener parenthetical corpus (CC0).

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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.