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Fox v. Vice

Docket No.10-114
Op. Below5th Circuit
ArgumentMar 22, 2011

Holding

When there are both frivolous and non-frivolous claims in a plaintiff's civil rights suit, a court may grant reasonable attorney's fees to the defendant, but only for costs that the defendant would not have incurred but for the frivolous claims.

Plain English Holding

Courts may award attorney's fees to defendants to reimburse them for the costs of defending against the legally worthless portions of a civil rights suit, but not for the non-worthless parts of the lawsuit.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on Jun 6, 2011.

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