Supreme Court rules party must pay fees for frivolous claims alone

[JURIST] The US Supreme Court [official website; JURIST news archive] unanimously ruled [opinion, PDF] on Monday in Fox v. Vice [Cornell LII backgrounder; JURIST report] that it is improper to award defendants the full amount of attorney’s fees incurred while defending non-frivolous claims along with a frivolous claim. 42 USC § 1988 [text] permits courts to award defendants attorney’s fees for defending against a frivolous claim, even when the plaintiff also asserts non-frivolous claims. The court interpreted § 1988 as…

By |2011-07-27T00:34:58+00:00July 27th, 2011|Uncategorized|Comments Off on Supreme Court rules party must pay fees for frivolous claims alone