§Why CasetextPricing

In the Matter of Luz Solla, Respondent,v.Elizabeth Berlin, Appellant, et al., Respondents.

Brief

67 Cited authorities

  1. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,080 times   9 Legal Analyses
    Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment

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

    532 U.S. 598 (2001)   Cited 3,785 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."

  3. Perdue v. Kenny A.

    559 U.S. 542 (2010)   Cited 2,463 times   13 Legal Analyses
    Holding that enhancement is permitted only in "rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered"

  4. Farrar v. Hobby

    506 U.S. 103 (1992)   Cited 3,576 times   5 Legal Analyses
    Holding that an award of nominal damages, but not purely declaratory relief, suffices for prevailing party status

  5. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,342 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  6. Hardt v. Reliance Standard Life Ins. Co.

    560 U.S. 242 (2010)   Cited 1,323 times   30 Legal Analyses
    Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"

  7. Commissioner, INS v. Jean

    496 U.S. 154 (1990)   Cited 2,544 times   2 Legal Analyses
    Holding that this inquiry applies to attorney's fees under the EAJA

  8. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,717 times   9 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

  9. Texas Teachers Assn. v. Garland School Dist

    489 U.S. 782 (1989)   Cited 1,864 times
    Holding that where party seeks attorney's fees pursuant to fee-shifting statute, "no fee award is permissible until the [party] has crossed the statutory threshold of prevailing party status" (internal quotation marked omitted)

  10. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,477 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  11. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 28,534 times   22 Legal Analyses
    Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

  12. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,758 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 504 - Costs and fees of parties

    5 U.S.C. § 504   Cited 646 times   5 Legal Analyses
    Authorizing payment of attorney's fees by the Government when a party prevails in a federal agency adjudication

  14. Section 740 ILCS 23/5 - Discrimination prohibited

    740 ILCS 23/5   Cited 107 times
    Applying ICRA's prohibitions to "unit of State, county, local government"

  15. Section 110 ILCS 13/5 - Definitions

    110 ILCS 13/5   Cited 1 times

    For purposes of this Act: "Campus media" means any matter that is prepared, substantially written, published, or broadcast by students at State-sponsored institutions of higher learning, that is distributed or generally made available, either free of charge or for a fee, to members of the student body, and that is prepared under the direction of a student media adviser. "Campus media" does not include media that is intended for distribution or transmission solely in the classrooms in which it is

  16. Section 352.3 - Rent allowances

    N.Y. Comp. Codes R. & Regs. tit. 18 § 352.3   Cited 84 times
    Providing emergency shelter allowances for the HIV-afflicted population

  17. Section 381.3 - Restrictions on money payments

    N.Y. Comp. Codes R. & Regs. tit. 18 § 381.3   Cited 13 times

    Money payments shall be restricted under the following circumstances: (a) Restriction based on inability to handle cash. When the inability of an applicant for, or recipient of, ADC to handle cash has been demonstrated and when neither the granting of power of attorney by the recipient nor the appointment of a committee by the court is deemed practicable, payment of all or part of the grant shall be made by restricted payments. The recipient shall be sent written notice whenever a creditor requests