U.S. Supreme Court Clarifies Recoverable Attorney Fees For Public Entities in Successful Litigation


In an April 21, 2011 article published by PublicCEO.com, we explained the state of the law at that time regarding a public entity's right to recover attorney's fees when it prevails in federal civil rights litigation.

Under the federal statute, a public entity is entitled to recover its fees incurred in defending against non-frivolous claims, but it may not recover its fees relating to defending against non-frivolous claims. The problem we addressed arises in situations where the prevailing public entity defendent seeks to recover its attorney's fees incurred in defending against both frivolous and non-frivolous claims. Such fees have been labeled "general" fees by the courts, and they are very common because legal work is seldom neatly divided between defending against the various claims alleged in a single lawsuit.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ropers, Majeski, Kohn & Bentley | Attorney Advertising

Written by:


Ropers, Majeski, Kohn & Bentley on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.