§Why CasetextPricing

Eggleston et al v. Quality Restaurant Concepts, LLC et al

MEMORANDUM in Support re MOTION for Attorney Fees and Expenses

16 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,521 times   7 Legal Analyses
    Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

  2. Christiansburg Garment Co. v. Equal Emp't Opportunity Comm'n

    434 U.S. 412 (1978)   Cited 3,639 times   33 Legal Analyses
    Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith

  3. Byers v. Dallas Morning News

    209 F.3d 419 (5th Cir. 2000)   Cited 974 times   5 Legal Analyses
    Holding that discrimination cannot be shown simply by a plaintiff's "subjective belief that [defendant] discriminated against him"

  4. Myers v. City of West Monroe

    211 F.3d 289 (5th Cir. 2000)   Cited 105 times
    Upholding an award of fees to prevailing defendants where plaintiff offered no evidence to support her constitutional claims

  5. Arguello v. Conoco, Inc.

    207 F.3d 803 (5th Cir. 2000)   Cited 71 times
    Holding that the right to impose standards of operation and to de-brand local stores was insufficient to establish agency relationship because the purported principal was not in control of the store's daily operations

  6. Munson v. Milwaukee Bd. of School Directors

    969 F.2d 266 (7th Cir. 1992)   Cited 74 times
    Holding that a prevailing plaintiff may recover fees under Section 1988 both for federal claims and supplemental state law claims, where all of the claims "are factually or legally related"

  7. Illinois Central R. Co. v. Hawkins

    2001 CA 1124 (Miss. 2002)   Cited 47 times
    Holding that the plaintiff's vague statements concerning visits to a psychiatrist could not support damages for emotional distress

  8. Payne v. Univ. of S. Miss.

    CIVIL ACTION NO. 1:12-CV-41-KS-MTP (S.D. Miss. Mar. 31, 2015)   Cited 13 times

    CIVIL ACTION NO. 1:12-CV-41-KS-MTP 03-31-2015 THOMAS PAYNE PLAINTIFF v. THE UNIVERSITY OF SOUTHERN MISSISSIPPI, et al. DEFENDANTS Keith Starrett UNITED STATES DISTRICT JUDGE MEMORANDUM OPINION AND ORDER For the reasons stated below, the Court grants in part and denies in part Defendants' Motions [198, 200] for attorney's fees. I. BACKGROUND The Court provided the factual background of this case in a Memorandum Opinion and Order [147] entered on February 21, 2014. See Payne v. Univ. of S. Miss., No

  9. Grubbs v. Butz

    548 F.2d 973 (D.C. Cir. 1976)   Cited 45 times
    Holding that Title VII plaintiff who successfully appealed dismissal for failure to exhaust administrative remedies was not a "prevailing party"; "[f]or all we know, the defendants in this case may be entirely blameless"

  10. McBride v. Meridian Public Imp. Corp.

    96 CA 1018 (Miss. 1999)   Cited 12 times

    No. 96-CA-01018-SCT, No. 97-CA-00814-SCT. November 12, 1998. Rehearing Denied February 18, 1999. TRIAL JUDGE: HON. SARAH P. SPRINGER, DATE OF JUDGMENT: 09/06/96. COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CHANCERY COURT. ATTORNEY FOR APPELLANT: JOHN R. REEVES. ATTORNEYS FOR APPELLEES: TOMMIE SULLIVAN CARDIN, WILLIAM C. HAMMACK. BEFORE PITTMAN, P.J., ROBERTS AND SMITH, JJ. NATURE OF THE CASE: CIVIL — OTHER. DISPOSITION: AFFIRMED. PITTMAN, PRESIDING JUSTICE, FOR THE COURT: ¶ 1. In April, 1993, the

  11. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,798 times   234 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  12. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,756 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  13. Section 11-55-5 - Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings

    Miss. Code § 11-55-5   Cited 131 times
    Allowing discretionary award of attorneys' fees where, inter alia, a party brings an action or asserts a claim or defense "that is without substantial justification"

  14. Section 11-55-3 - Definitions

    Miss. Code § 11-55-3   Cited 52 times

    The following words and phrases as used in this chapter have the meaning ascribed to them in this section, unless the context clearly requires otherwise: (a) "Without substantial justification," when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that it is frivolous, groundless in fact or in law, or vexatious, as determined by the court. (b) "Person" means any individual, corporation, company, association, firm, partnership, society, joint

  15. Section 11-55-7 - Award of costs and attorney's fees; amount of award; factors to consider

    Miss. Code § 11-55-7   Cited 42 times

    In determining the amount of an award of costs or attorney's fees, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorney's fees and costs and the amount to be assessed: (a) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted