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Briefly Mentioned :

Briefly Noted :

On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
On Monday, we expect the court to release opinions at 10 a.m. We will be live-blogging starting at 9:20 a.m. at this link, where you can sign up for an email reminder when the live blog begins.

James v. City of Boise

Docket No. Op. Below Argument Opinion Vote Author Term
15-493 Idaho - Not Argued Jan 25, 2016 n/a Per Curiam OT 2015

Holding: Under federal law, a court has discretion to “allow the prevailing party, other than the United States, a reasonable attorney’s fee” in a civil rights lawsuit filed under 42 U.S.C. § 1983. Because the Supreme Court has interpreted this to allow a prevailing defendant to recover fees only if “the plaintiff’s action was frivolous, unreasonable, or without foundation,” the Idaho Supreme Court erred when it concluded that it was not bound by this interpretation and awarded fees under federal law to a prevailing defendant without first making this determination.

Judgment: Reversed and remanded in a per curiam opinion on January 25, 2016.

DateProceedings and Orders (key to color coding)
Oct 15 2015Petition for a writ of certiorari filed. (Response due November 18, 2015)
Oct 27 2015Waiver of right of respondents City of Boise, Idaho, et al. to respond filed.
Nov 9 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 13 2015Response Requested . (Due December 14, 2015)
Dec 9 2015Brief of respondents City of Boise, Idaho, et al. in opposition filed.
Dec 18 2015Reply of petitioner Melene James filed.
Dec 22 2015DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016DISTRIBUTED for Conference of January 15, 2016.
Jan 19 2016DISTRIBUTED for Conference of January 22, 2016.
Jan 25 2016Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings not inconsistent with this opinion. Opinion per curiam. (Detached Opinion)
Feb 26 2016Judgment Issued
Feb 26 2016Mandate Issued
 
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