Legal Opinion
El Club Del Barrio, Inc. v. United Community Corp.
Court of Appeals for the Third Circuit
Decided May 30, 1984No. 83-5121PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
The issue on appeal is whether the failure of the parties to a civil rights suit to have provided for attorneys fees in a written settlement agreement creates a “special circumstance” depriving a prevailing plaintiff in the underlying action of its right to reasonable attorneys fees under 42 U.S.C. § 1988 (1976). We hold that it does not, even where the parties discussed but were unable to agree on attorneys fees during settlement negotiations. Rather, the burden is on the losing party to show that the settlement agreement clearly waived the statutory…
2Cases cited3 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Prandini v. National Tea Co.Court of Appeals for the Third Circuit · 1977
3Cited by23 opinions
- Evans v. Jeff D. Ex Rel. JohnsonSupreme Court of the United States · 1986
- Coleman v. Fiore Bros., Inc.Supreme Court of New Jersey · 1989
- Pinto v. Spectrum Chemicals & Laboratory ProductsSupreme Court of New Jersey · 2010
- El Club Del Barrio, Inc. v. United Community CorporationsCourt of Appeals for the Third Circuit · 1984
- Warrington v. Village SupermarketNew Jersey Superior Court Appellate Division · 2000
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