Search | Punch and Jurists

U.S. v. Knott, No. CRIM. A. 98-40022-NMG (D.Mass.) (106 F.Supp.2d 174) (July 27, 2000) (Judge Nathaniel M. Gorton)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Knott, No. CRIM. A. 98-40022-NMG (D.Mass.) (106 F.Supp.2d 174) (July 27, 2000) (Judge Nathaniel M. Gorton) by In this case the Government prosecuted both an individual shareholder and the company which he controlled for various violations of the Clean Water Act, but it ultimately sought to dismiss the …

U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins)

Article • September 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins) by Here the Ninth Circuit held that in order to recover legal fees under the Hyde Amendment (18 USC § 3006A) the defendant must show more than a successful litigant must show under …

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam)

Article • August 21, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam) by Here the Court reversed a lower court's order requiring an inmate to pay $400 in attorneys' fees to the state for filing a frivolous civil rights action against prison officials, …

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia)

Article • July 3, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia) by Here the Court established the factors to be used in fixing attorneys' fees under the Equal Access to Justice Act (28 USC § 2412(d)) and held that a district court's …

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Holland, No. 99-6823 (4th Cir.) (214 F.3d 523) (June 15, 2000) (Judge Norman K. Moon) by In this case the Fourth Circuit joined the Curcuit split by agreeing with the Fifth Circuit that proceedings under the Hyde Amendment (18 USC § 3006A) are civil in nature and are …

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas)

Article • June 24, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas) by Here the Court held that although a plaintiff who wins nominal damages under 42 USC § 1983 is the "prevailing party", that does not automatically establish a right to receive …

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Truesdale, No. 99-10096 (5th Cir.) (211 F.3d 898) (May 5, 2000) (Judge Carolyn Dineen King) by Here the Court held that the burden of proof to recover legal fees under the Hyde Amendment is greater than the "substantially justified" burden under the Equal Access to Justice Act (28 …

Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott) by In this case, an inmate and her husband had brought an earlier proceeding against prison officials seeking injunctive relief to require them to allow the husband to attend the birth of their child. …

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Pritt, No. Crim. No. 6:98-00176-01 (S.D.W.Va.) (77 F.Supp.2d 743) (November 18, 1999) (Judge Joseph R. Goodwin) by Here the Court held that the mere fact that the trial court grants the defendant's motion for acquittal on some of the counts, but not on all, does not prove that …

Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor)

Article • January 29, 2000 • from P&J June, 1998

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor) by Here the Court held that in a prison case filed before the effective date of the PLRA, the fee limitation provisions of 42 U SC § 1997e(d) applied to legal …

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Gilbert, No. 98-3635 (11th Cir.) (198 F.3d 1293) (December 28, 1999) (Judge Edward E. Carnes) by In a footnote to this case, the Court stated that “With the exception of a Tenth Circuit opinion construing the time period for appeal, see U.S. v. Robbins, 179 F.3d 1268, 1270 …

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Milloy, No. CR.No. 98-223 (D.N.M.) (75 F.Supp.2d 1276) (November 1, 1999) (Judge James A. Parker) by Here, although the Court agreed that the defendants were the prevailing parties, it declined to grant fees under the Hyde Amendment because it concluded that the criminal action had not been filed …

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Peterson, No. CR. H-97-237 (S.D.Tex.) (71 F.Supp.2d 695) (October 6, 1999) (Judge Ewing Jr. Werlein) by In denying a request for attorneys' fees under the Hyde Amendment (18 U.S.C. § 3006A, Note), the Court reasoned as follows: "A 'vexatious proceeding' is defined as a "proceeding instituted maliciously and …

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Walker v. Bain, No. 95-CV-76273-DT (E.D.Mich.) (65 F.Supp.2d 591) (August 30, 1999) (Judge Magistrate) by In a well-reasoned and impressive decision United States Magistrate Judge Komives held that the Prison Litigation Reform Act (PLRA) section limiting attorney fee awards to inmates under 42 U.S.C. § 1988 to 150 percent of …

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Madrid v. Gomez, No. 97-16237 (9th Cir.) (190 F.3d 990) (August 17, 1999) (Judge Diarmuid F. O'Scannlain) by Here, following the Supreme Court's decsion inMartin v. Hadix, 527 U.S. 343 (1999), the Ninth Circuit held that the attorney fee caps set forth in 42 U.S.C. § 1997e(d) passed constitutional muster …

U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. $16,500 in U.S. Currency, No. Civ. No. 97-946-FR (D.Or.) (48 F.Supp.2d 1268) (May 8, 1999) (Judge Helen J. Frye) by Here the Court held that where the Government's position in litigating an in rem forfeiture proceeding was not justified, the successful claimants were entitled to attorney's fees under …

U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Holland, No. 2:97cr139 (E.D.Va.) (34 F.Supp.2d 346) (February 3, 1999) (Judge Henry Coke Jr. Morgan) by In theory, this case is about the recently enacted Hyde Amendment, a statute that allows criminal defendants to recover attorneys' fees in cases where the court finds that the prosecutor acted vexatiously, …

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Gardner, No. 97-CR-34-H (N.D.Okla.) (23 F.Supp.2d 1283) (July 7, 1998) (Judge Sven Erik Holmes) by In many ways the year 1998 brought into focus both the extraordinary role of the prosecutors in shaping the criminal justice system and the absence of any meaningful curbs on their awesome power. …

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Reyes, No. Crim. No. 97-147-ALL (S.D.Tex.) (16 F.Supp.2d 759) (July 14, 1998) (Judge David Hittner) by The defendant in this case was indicted on three counts of aiding and abetting Federal program bribery. The trial court granted the defendant's motion for a judgment of acquittal pursuant to Rule …

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Madrid v. Gomez, No. 96-17277 (9th Cir.) (150 F.3d 1030) (July 2, 1998) (Judge Diarmuid F. O'Scannlain) by While this case deals principally with the new attorney's fee limitations contained in the Prison Litigation Reform Act (PLRA), it is noted both for its ruling and because it recalls District Judge …