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Judgment Award – Attorney’s Fees

By: Derek Hawkins//July 16, 2018//

Judgment Award – Attorney’s Fees

By: Derek Hawkins//July 16, 2018//

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7th Circuit Court of Appeals

Case Name: Isaac W. Capps v. Kevin Drake, et al.

Case No.: 17-1876

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Judgment Award – Attorney’s Fees

Generally, the prevailing party in a civil rights lawsuit is entitled to an award of attorney’s fees. 42 U.S.C. § 1988(b). It is reasonable, however, for the court to award no fees to the prevailing party if the party received only a technical, nominal, or de minimis damage award. In this case, Isaac Capps was awarded substantial damages and thus should have been awarded attorney’s fees. The judgment of the district court is reversed, and this case is remanded for a determination of the amount to be awarded.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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