Legal Opinion
Fox v. Vice
Supreme Court of the United States
Decided June 6, 2011No. 10-114PublishedCited by 1,391 opinions
1Opinion of the CourtJustice Kagan
Federal law authorizes a court to award a reasonable attorney’s fee to the prevailing party in certain civil rights cases. See 42 U. S. C. § 1988. We have held that a defendant may receive such an award if the plaintiff’s suit is frivolous. In this case, the plaintiff asserted both frivolous and non-frivolous claims. We hold today that a court may grant reasonable fees to the defendant in this circumstance, but only for costs that the defendant would not have incurred but for the frivolous claims. A trial court has wide discretion in applying this standard. But here we must vacate the…
2Cases cited14 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Koon v. United StatesSupreme Court of the United States · 1996
- Farrar v. HobbySupreme Court of the United States · 1992
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3Cited by1,391 opinions
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- Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
- Epps v. FowlerTexas Supreme Court · 2011
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