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· 6/22/1970

Pitcher v. Laird

Citations

  • 399 U.S. 902
  • 90 S. Ct. 2190
  • 26 L. Ed. 2d 557
  • 1970 U.S. LEXIS 1404

How courts have described this case

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

  • holding that plaintiff was a prevailing party because, by obtaining a preliminary injunction, he achieved the purpose of the suit — to participate in sports during his senior year of high school
  • noting that \a claim of entitlement to attorney's fees does not preserve a moot cause of action\
  • “special circumstances” precluded a fee award to a prevailing plaintiff whose lack of entitlement to the relief secured by a preliminary injunction was promptly revealed by the reversal on appeal of a companion case concerning identical legal issues and overlapping defendants
  • “While a claim of entitlement to attorney ’ s fees does not preserve a moot 35 cause of action, the expiration of the underlying cause of action does not moot a controversy over attorney ’s fees already incurred.”
  • “[A] party which achieves the objective of its suit by means of an injunction issued by the district court is a prevailing party in that court, notwithstanding the fact that the case becomes moot, through no acquiescence by the defendant, while the order is on appeal.”

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.