Legal Opinion

Baker v. American Broadcasting Co.

District Court, E.D. New York

Decided April 20, 1984No. CV 82-2226PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM and ORDER

WEINSTEIN, Chief Judge:

Defendant, American Broadcasting Company moves for attorney's fees pursuant to 42 U.S.C. § 1988, following judgment for ABC after a non-jury trial. Because the plaintiff’s claim was neither frivolous nor vexatious, the motion for fees is denied. The motion exposed a serious defect in the court’s rules governing attorneys appointed from our Pro Bono Panel. For the reasons stated below, the rules have been modified to give greater protection to lawyers who generously donate their services to assist poor people in our court. The case reveals some basic…

2Cases cited5 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  3. Prate v. FreedmanCourt of Appeals for the Second Circuit · 1978
  4. Zimmerman v. SchweikerDistrict Court, E.D. New York · 1983
  5. Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908

3Cited by3 opinions

  1. Entertainment Partners Group, Inc. v. DavisNew York Supreme Court · 1992
  2. Goldstein v. Costco Wholesale Corp.District Court, E.D. Virginia · 2004
  3. Arrocha v. McAuliffeDistrict Court, District of Columbia · 1986

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