Moon v. Smith

MEMORANDUM ORDER

WARRINER, District Judge.

The Court has heretofore determined that this litigation was commenced and prosecuted in bad faith. The defendants are government officials and they were represented in this action by an Assistant United States Attorney. They were sued in their official and in their individual capacities. Having prevailed on behalf of defendants, the United States seeks counsel fees. The Court requested counsel to brief the question of whether the federal government may be the beneficiary of the bad faith exception to the American Rule as enunciated in Alyeska Pipeline…