(Download) "Toussaint v. Mccarthy" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free

March 11, 2021

eBook details

Title: Toussaint v. Mccarthy
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 02, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Order Joseph Toussaint, et al. (plaintiffs) move for an award of attorney's fees pursuant to 42 U.S.C. Â§ 1988 for claims successfully defended on appeal in Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986), cert. denied, 481 U.S. 1069, 107 S. Ct. 2462, 95 L. Ed. 2d 871 (1987). McCarthy (defendant) concedes that plaintiffs are prevailing parties but contends that they are entitled only to a reduced award because of their limited success on appeal. Plaintiffs clearly obtained some of the relief they originally sought. Accordingly, they must be recognized as prevailing parties. Nevertheless, the remedy achieved by plaintiffs on appeal was considerably less than what they sought. A reduced award is, therefore, appropriate.