Legal Opinion

Lawrence L. Pedigo, Appellant/cross-Appellee v. P.A.M. Transport, Inc., Appellee/cross-Appellant

Court of Appeals for the Eighth Circuit

Decided October 21, 1996No. 96-1137, 96-1206PublishedCited by 27 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In this appeal and cross-appeal from an award of attorney's fees, defendant argues that plaintiff was not a "prevailing party" so as to be entitled to attorney's fees. We agree and therefore reverse.

I

Plaintiff complained that he had been discriminated against in violation of the Americans with Disabifities Act (ADA), 42 U.S.C. §~ 12101-12213, and at trial a jury found in his favor. Defendant appealed and we vacated the judgment because the jury instructions improperly permitted recovery of compensatory damages in a mixed-motive case. Pedigo v. P.A.M.…

2Cases cited6 opinions

  1. Farrar v. HobbySupreme Court of the United States · 1992
  2. Rhodes v. StewartSupreme Court of the United States · 1988
  3. Harris v. PirchCourt of Appeals for the Eighth Circuit · 1982
  4. Lawrence L. Pedigo v. P.A.M. Transport, Inc., American Trucking Associations, Inc., and Arkansas Motor Carriers Associations, Inc., Amici CuriaeCourt of Appeals for the Eighth Circuit · 1995
  5. Clark v. Township of FallsCourt of Appeals for the Third Circuit · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Richard Ray Layton Billy R. Penny v. Ted Elder, as County Judge of Montgomery County, ArkansasCourt of Appeals for the Eighth Circuit · 1998
  2. Jenkins v. MissouriCourt of Appeals for the Eighth Circuit · 1997
  3. New Jersey Citizen Action v. Riviera Motel Corp.New Jersey Superior Court Appellate Division · 1997
  4. Sierra Club v. City of Little RockCourt of Appeals for the Eighth Circuit · 2003
  5. Tuggles v. Leroy-Somer, Inc.District Court, W.D. Tennessee · 2004

22 more not listed; retrieve them via the Exa API.

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