Legal Opinion
New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New York
Court of Appeals for the Second Circuit
Decided June 15, 1983No. 484, Docket 82-7531PublishedCited by 1,085 opinions
1Opinion of the Court
NEWMAN,
Circuit Judge:
The “American Rule” that each party to a lawsuit bears its own attorney’s fees has been substantially modified by some 120 Congressional enactments that permit a prevailing party in specified types of litigation to recover attorney’s fees from its adversary. In 1976, Congress added a new provision that authorizes fees to prevailing parties in civil rights cases. Civil Rights Attorney’s Fees Awards Act of 1976, Pub.L. No. 94-559, 90 Stat. 2641 (codified at 42 U.S.C. § 1988 (Supp. IV 1980)). This provision, which has proved to be the most frequently used of all the…
2Cases cited53 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Maher v. GagneSupreme Court of the United States · 1980
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3Cited by1,085 opinions
- Wolinsky v. Scholastic Inc.District Court, S.D. New York · 2012
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987
- Spell v. McDanielCourt of Appeals for the Fourth Circuit · 1987
- Bliven v. HuntCourt of Appeals for the Second Circuit · 2009
- Gates v. DeukmejianCourt of Appeals for the Ninth Circuit · 1992
1,080 more not listed; retrieve them via the Exa API.