Legal Opinion
Todd G. Fletcher and Michael Johnson v. City of Fort Wayne, Indiana
Court of Appeals for the Seventh Circuit
Decided December 23, 1998No. 98-1969, 98-1970PublishedCited by 40 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Consolidated appeals from two civil-rights cases present a common question: whether plaintiffs acceptance of an offer of judgment under Fed.R.Civ.P. 68 invariably establishes that the plaintiff is a “prevailing party” and therefore entitled to attorneys’ fees under 42 U.S.C. §-1988. Relying on Pigeaud v. McLaren, 699 F.2d 401 (7th Cir.1983), and Fisher v. Kelly, 105 F.3d 350 (7th Cir.1997), the district court answered “no.” Then the judge concluded that the recoveries were such small fractions of plaintiffs’ initial demands that neither had “prevailed” — that…
2Cases cited11 opinions
- Farrar v. HobbySupreme Court of the United States · 1992
- Maher v. GagneSupreme Court of the United States · 1980
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Marek v. ChesnySupreme Court of the United States · 1985
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Tuf Racing Products, Inc. v. American Suzuki Motor CorporationCourt of Appeals for the Seventh Circuit · 2000
- Utility Automation 2000, Inc. v. Choctawhatchee Electric Cooperative, Inc.Court of Appeals for the Eleventh Circuit · 2002
- Richard M. Perlman and Perlman Marketplace Investors v. Samuel ZellCourt of Appeals for the Seventh Circuit · 1999
- H.A.L. NY Holdings, LLC v. Joseph Guinan, Jr.Court of Appeals for the Seventh Circuit · 2020
- Louise Cole and Densey Cole v. Andrew WodziakCourt of Appeals for the Seventh Circuit · 1999
35 more not listed; retrieve them via the Exa API.