64 Cited authorities

  1. Buckhannon Board Care Home v. West Va. D.H.H.R

    532 U.S. 598 (2001)   Cited 3,794 times   17 Legal Analyses
    Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."
  2. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,821 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  3. Kucana v. Holder

    558 U.S. 233 (2010)   Cited 644 times   2 Legal Analyses
    Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"
  4. West Virginia Univ. Hospitals, Inc. v. Casey

    499 U.S. 83 (1991)   Cited 802 times   2 Legal Analyses
    Holding that the term "reasonable attorney's fee" in 42 U.S.C. § 1988 does not provide the "explicit statutory authority" required to award expert witness fees beyond those provided by §§ 1920 and 1821
  5. Ruckelshaus v. Sierra Club

    463 U.S. 680 (1983)   Cited 786 times   2 Legal Analyses
    Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”
  6. Mansell v. Mansell

    490 U.S. 581 (1989)   Cited 536 times   2 Legal Analyses
    Holding that the plain and unambiguous meaning of a statute prevails in the absence of clearly expressed legislative intent to the contrary
  7. Watson v. United States

    552 U.S. 74 (2007)   Cited 302 times   4 Legal Analyses
    Holding that a person does not use a firearm under 18 U.S.C. § 924(c) when he receives it in trade for drugs
  8. McNeill v. U.S.

    563 U.S. 816 (2011)   Cited 235 times   3 Legal Analyses
    Holding "that a federal sentencing court must determine whether ‘an offense under State law’ is a ‘serious drug offense’ by consulting the ‘maximum term of imprisonment’ applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense" (quoting § 924(e) )
  9. Bob Jones University v. United States

    461 U.S. 574 (1983)   Cited 529 times   5 Legal Analyses
    Holding that federal government's compelling interest in eradicating racial discrimination outweighed plaintiffs' free exercise claim
  10. Rodriguez v. United States

    480 U.S. 522 (1987)   Cited 401 times   4 Legal Analyses
    Finding no irreconcilable conflict between a minimum sentence and the "suspension authority" of § 3651
  11. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,780 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)
  12. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,166 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
  13. Section 1021.5 - Attorney's fees in action resulting in enforcement of important right affecting public interest

    Cal. Code Civ. Proc. § 1021.5   Cited 1,723 times   19 Legal Analyses
    Providing that "a court may award" attorney's fees "to a successful party "
  14. Section 09.60.010 - Costs and attorney fees allowed prevailing party

    Alaska Stat. § 09.60.010   Cited 39 times
    Limiting the exception to constitutional causes of action
  15. Rule 82 - Attorney's Fees

    Alaska R. Civ. P. 82   Cited 524 times

    (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule. (b)Amount of Award. (1) The court shall adhere to the following schedule in fixing the award of attorney's fees to a party recovering a money judgment in a case: Judgment and, if awarded, Contested Contested Non- Prejudgment Interest With Trial Without Trial Contested First $ 25,000 20% 18% 10% Next $ 75