Legal Opinion

Bivins v. Wrap It Up, Inc.

Court of Appeals for the Eleventh Circuit

Decided August 28, 2008No. 08-11478PublishedCited by 246 opinions

Non-Argument Calendar.

1Per curiam

After a two-day bench trial, the district court found that plaintiffiappellant Bivens had been discriminated against by Annie Raso, the co-owner of a Nature’s Way Café, and Wrap it Up, Inc., the franchisor of Nature’s Way. The district court awarded both compensatory and punitive damages, injunctive relief, and — in accordance with 42 U.S.C. § 1988 — costs and attorneys’ fees to Bivens’s counsel Linda J. Ehrlich and Randall C. Marshall. 1 Bivens’s request for attorneys’ fees was significantly reduced and he now appeals that award.

Section 1988 allows for the recovery of “reasonable” attorneys’…

2Cases cited8 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  5. City of Burlington v. DagueSupreme Court of the United States · 1992

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3Cited by246 opinions

  1. Roberto Vasconcelo v. Miami Auto Max, Inc.Court of Appeals for the Eleventh Circuit · 2020
  2. Ne. Eng'rs Fed. Credit Union v. Home Depot, Inc. (In Re Home Depot Inc.)Court of Appeals for the Eleventh Circuit · 2019
  3. Frazier v. Absolute Collection Service, Inc.District Court, N.D. Georgia · 2011
  4. Yellow Pages Photos, Inc. v. Ziplocal, LPCourt of Appeals for the Eleventh Circuit · 2017
  5. Gary L. Mock v. Bell Helicopter Textron, Inc.Court of Appeals for the Eleventh Circuit · 2012

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