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Fox v. Vice

Docket No. Op. Below Argument Opinion Vote Author Term
10-114 5th Cir. Mar 22, 2011 Jun 6, 2011 9-0 Kagan OT 2010

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 on June 6, 2011.

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