Legal Opinion
Bennett v. Yoshina
Court of Appeals for the Ninth Circuit
Decided August 7, 2001No. 00-16137PublishedCited by 29 opinions
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge:
In Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 531 U.S. 1004, 121 S.Ct. 1835, 149 L.Ed.2d 855 (May 29, 2001), the Supreme Court announced that a party is not entitled to attorney’s fees intended by statute for a “prevailing party” if it obtained the relief it sought only as a catalyst, in other words if it “aehieve[d] the desired result because the lawsuit brought about a voluntary change in the defendant’s conduct.” Id. at 1838. In this case, plaintiffs claim that they are prevailing parties because the…
2Cases cited8 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999
- Gates v. RowlandCourt of Appeals for the Ninth Circuit · 1994
- Bennett v. YoshinaCourt of Appeals for the Ninth Circuit · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Prison Legal News v. SchwarzeneggerCourt of Appeals for the Ninth Circuit · 2010
- Victor Barrios v. California Interscholastic Federation California Interscholastic Federation Opinion Southern SectionCourt of Appeals for the Ninth Circuit · 2002
- Oil, Chemical & Atomic Workers International Union v. Department of EnergyCourt of Appeals for the D.C. Circuit · 2002
- Richard S. v. Department of Developmental Services of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2003
- Union of Needletrades, Industrial and Textile Employees, Afl-Cio, Clc v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
24 more not listed; retrieve them via the Exa API.