Fox v. Vice
United States Supreme Court
131 S. Ct. 2205 (2011)
Relevant factsFree
Vice (defendant) prevailed against Fox's (plaintiff) mix of frivolous federal claims and non-frivolous state-law claims, which arose from the same underlying facts. The district court awarded Vice attorneys' fees for defending against all of the claims, without separating out which costs were specifically attributable to the frivolous federal claims as opposed to the related, non-frivolous state claims.
IssueFree
Whether, under 42 U.S.C. Section 1988, a defendant may recover attorneys' fees only for the fees he would not have incurred but for the plaintiff's frivolous claim.