Attorney's Fees - Jaquette v. Black Hawk County: A Stern Pronouncement for the Eighth Circuit Concerning the Award of Attorney's Fees under 42 U.S.C. 1988
Loading...
Authors
Brown, William L.
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Jaquette v. Black Hawk County, the United States Court of Appeals, Eighth Circuit, reviewed an award of attorney's fees to the "prevailing party" under the Civil Rights Attorney's Fees Award Act of 1976. Jaquette was unusual in two respects. First, the case remained in pretrial litigation in the district court for almost three years. Second, the parties settled the case just before trial for a cash award to the plaintiff of $1,500.00 - an amount identical to her pre-suit settlement offer. The prevailing plaintiff subsequently requested attorney's fees of approximately $100,000.00. The district court reduced the request by almost eighty percent and awarded approximately $20,000.00. On appeal, the Eighth Circuit expressed amazement that the case could have consumed such an excessive amount of time and money. Accordingly, the Eighth Circuit (Chief Judge Lay and Judge Ross) affirmed the reduction of the fee award. However, out of concern for the administration of the judicial system, the court remanded the case with instructions that sanctions should be imposed upon any party found to have litigated in bad faith. Judge Bright concurred in the reduction of the fee award," but dissented from the remand...
Description
Citation
17 Creighton L. Rev. 1227 (1983-1984)
Publisher
Creighton University School of Law