News & Analysis as of

Prevailing Party Preliminary Injunctions

Snell & Wilmer

U.S. Supreme Court Limits Section 1988 Attorney’s Fees for Property Owners and Other Civil Rights Litigants

Snell & Wilmer on

The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more

Fisher Phillips

SCOTUS Makes It Harder for Plaintiffs to Recover Attorney’s Fees: How a Driver’s License Case Could Impact Employers

Fisher Phillips on

A recent Supreme Court ruling could impact your business by limiting when you must pay fees in employment litigation or when you may recover fees after challenging state regulations in court. In the Lackey v. Stinnie decision...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

Epstein Becker & Green

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

Epstein Becker & Green on

The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

Fisher Phillips

SCOTUS Predictions: Supreme Court Will Make It Harder for Plaintiffs to Recover Attorney’s Fees in Civil Rights Actions and Beyond

Fisher Phillips on

The Supreme Court will soon decide whether obtaining a preliminary injunction is sufficient to qualify as a “prevailing party” in order to recover attorney’s fees in certain civil rights actions – and we predict the Court...more

Troutman Pepper Locke

Fourth Circuit Now Permits Awarding Attorney’s Fees for Some Preliminary Injunctions, Bucking Precedent

Troutman Pepper Locke on

Plaintiffs who secure a preliminary injunction may now be able to recover attorney’s fees in the Eastern District of Virginia, due to the Fourth Circuit’s departure from its previous position that such plaintiffs are not...more

Holland & Knight LLP

A Dismissal Without Prejudice May Not Support Fee Award Under the DTSA

Holland & Knight LLP on

In a case of first impression, Judge Gregg Costa of the Fifth Circuit, affirming a lower court decision, held that a dismissal without prejudice of a Defend Trade Secrets Act (DTSA) case does not support a prevailing-party...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

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