ECOGEN, LCC v. Town of Italy

How courts have described this case

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

• holding that defendants were not entitled to a fee award under Section1988 because the “finding that the matter was not ripe for review meant that the Court lacked subject matter jurisdiction”
• observing that while complaint may have been “without merit,” “[v]irtually every dismissal under Rule 12(b)(6) implies that the complaint was meritless ‘when filed.’ ”
• denying defendant’s motion for attorneys’ fees despite Rule 12(b)(6) dismissal where policy contested in plaintiffs lawsuit “could be considered to have some ‘shortcomings’ ”
• declining to award prevailing defendants attorneys’ fees pursuant to 42 U.S.C. § 1988(b) for claim that was dismissed at the pleading stage with prejudice, and explaining that dismissal of a claim pursuant to Rule 12(b)(6

Source: CourtListener parenthetical corpus (CC0).