Singer Management Consultants, Inc. v. Milgram

OPINION OF THE COURT

AMBRO, Circuit Judge,

with whom SCIRICA, RENDELL, BARRY, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges, join.

Does a party “prevail” within the meaning of 42 U.S.C. § 1988 if it obtains a temporary restraining order the day after it files suit (after a hearing but before briefing from the opposing side), but 22 days later is denied a preliminary injunction because the opposing party’s voluntary change of position moots the case? Because we believe that Supreme Court precedent requires us to answer no, we affirm the same…