Legal Opinion

Anderson v. State

Supreme Court of Vermont

Decided December 6, 1985No. 83-550PublishedCited by 8 opinions

1Opinion of the CourtBarney, C.J.

(Ret.), Specially Assigned. The plaintiff administratrix having settled a civil rights action brought by Earl D. Miner, Sr., now deceased, moved for a separate award of attorney’s fees. 42 U.S.C. § 1988 authorizes the recovery of reasonable attorney’s fees in actions brought under 42 U.S.C. § 1983, as this one was. Recovery is discretionary with the trial court, and, after hearing and findings in the superior court the award was refused. This appeal followed. We affirm.

Attorney’s fees, in American practice, are not awarded as part of recovery without special legal authority or as a matter of…

2Cases cited12 opinions

  1. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  2. Evans v. Jeff D. Ex Rel. JohnsonSupreme Court of the United States · 1986
  3. Gramatan Home Investors Corp. v. StarlingSupreme Court of Vermont · 1983
  4. Brown v. General Motors Corp.Court of Appeals for the Second Circuit · 1983
  5. El Club Del Barrio, Inc. v. United Community Corp.Court of Appeals for the Third Circuit · 1984

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

3Cited by8 opinions

  1. Bruntaeger v. ZellerSupreme Court of Vermont · 1986
  2. Robes v. Town of HartfordSupreme Court of Vermont · 1993
  3. Retrovest Associates, Inc. v. BryantSupreme Court of Vermont · 1990
  4. In Re Methyl Tertiary Butyl Ether (Mtbe) ProductsDistrict Court, S.D. New York · 2005
  5. Earl Scott v. State of VermontSupreme Court of Vermont · 2021

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

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