· 1/30/2009
De Jesus Nazario v. Morris Rodriguez
Citations
- 554 F.3d 196
- 2009 U.S. App. LEXIS 2906
- 2009 WL 214597
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the special circumstances justifying denial of attorneys' fees are \few and far between\
- explaining that “the sorts of ‘special circumstances’ that would permit the outright denial of a fee award . . . are few and far between”
- stating that “a defendant’s good faith is ‘by itself not a special circumstance justifying a denial of attorney’s fees’” and neither is “a defendant’s ‘good faith reliance even on settled law’” (citations omitted)
- discussing 1991 case where “the plaintiffs attorney performed a veritable smorgasbord of pre-trial services, which were worthy of some significant compensation”
- “ ‘burden is on the defendant to show that unusual conditions would make an award unjust or inappropriate’ ”
- in assessing results obtained, “we look to a combination of the plaintiffs claim-by-claim success, the relief achieved, and the societal importance of the rights vindicated”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lipez, Howard, Diclerico
Read full opinion on CourtListenerSourced 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.