Legal Opinion
Champion Produce, Inc. v. Ruby Robinson Co.
Court of Appeals for the Ninth Circuit
Decided September 8, 2003No. Nos. 01-35887, 01-35893PublishedCited by 141 opinions
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge.
The cross appeals in this diversity case arise out of a breach of contract. Each party appeals aspects of the district court’s post-judgment order. We affirm. Among other things, we hold that the cost-shifting provision of Federal Rule of Civil Procedure 68 does not permit an award of post-offer attorneys’ fees when the underlying state statute authorizes an award of attorneys’ fees to a prevailing party as part of costs, but when the party seeking attorneys’ fees under the rule is not a prevailing party within the meaning of that statute.
I. Background
Champio…
2Cases cited44 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Marek v. ChesnySupreme Court of the United States · 1985
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- West v. ConrailSupreme Court of the United States · 1987
- Mary Hopper v. Euclid Manor Nursing Home, Inc.Court of Appeals for the Sixth Circuit · 1989
39 more not listed; retrieve them via the Exa API.
3Cited by141 opinions
- Umg Recordings, Inc. v. Shelter Capital Partners LlcCourt of Appeals for the Ninth Circuit · 2013
- Maria Escriba v. Foster Poultry Farms, Inc.Court of Appeals for the Ninth Circuit · 2014
- John Draper v. D. RosarioCourt of Appeals for the Ninth Circuit · 2016
- Stanczyk v. City of New YorkCourt of Appeals for the Second Circuit · 2014
- Steve Moore v. Citgo Refining & Chemicals CCourt of Appeals for the Fifth Circuit · 2013
136 more not listed; retrieve them via the Exa API.