Davis v. Abbott

Petition for certiorari denied on November 30, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
15-46 5th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Under what circumstances are plaintiffs who obtain preliminary relief in cases that do not proceed to final judgment prevailing parties eligible for an award of attorneys’ fees? and (2) whether the simplicity of a legal claim is a factor relevant only to the amount of fees awarded as the Third and Tenth Circuits have held and as this Court and others have suggested, or whether “simple” legal claims, otherwise made eligible for fees by Congress, involve insufficient “merits” analysis to trigger prevailing party status, as the Fifth Circuit held.

DateProceedings and Orders
Jul 10 2015Petition for a writ of certiorari filed. (Response due August 10, 2015)
Jul 27 2015Waiver of right of respondents Greg Abbott, Governor of Texas, et al. to respond filed.
Aug 5 2015DISTRIBUTED for Conference of September 28, 2015.
Aug 25 2015Response Requested . (Due September 24, 2015)
Sep 11 2015Order extending time to file response to petition to and including October 26, 2015.
Oct 26 2015Brief of respondents Greg Abbott, Governor of Texas, et al. in opposition filed.
Nov 9 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 9 2015Reply of petitioner Wendy Davis, et al. filed. (Distributed)
Nov 30 2015Petition DENIED.
 
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