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· 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 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.