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Al Mirmelstein

CIVIL RIGHTS: Allocating Fees for Frivolous Claims

Posted by Al Mirmelstein on Wed, Mar 9, 2011 @ 10:03 AM

The Lawletter Vol 35 No 4, March 4, 2011

Dora Vivaz, Senior Attorney, National Legal Research Group

Since early on after passage of the civil rights laws, the rule has been that in order to encourage persons to seek relief for violations of their civil rights, prevailing plaintiffs could be awarded their fees and costs as a matter of course. However, fees and costs could be awarded to prevailing defendants only in "exceptional cases."

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Topics: Dora Vivaz, legal research, recovery of attorneys fees, frivolous claims, Ninth Circuit, Harris v. Maricopa County Superior Court, Fox v. Vice, civil rights, certiorari granted, The Lawletter Vol 35 No 4