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Burlington Vs. Dague
Cites for this judgment
- US Supreme Court
- Jun 24, 1992
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U.S. 557 (1992) October Term, 1991 Syllabus City of Burlington V. DagueSearch
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lodestar amount to reflect the fact that a party's attorneys were retained on a contingent-fee basis. In Pennsylvania v. DelawareSearch
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Court's general rejection of the contingent-fee model in favor of the lodestar model, see, e. g., Blanchard v. BergeronSearch
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are involved, the question is essentially identical to the one we addressed, but did not resolve, in Pennsylvania v. DelawareSearch
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Pennsylvania v. DelawareSearch
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App. to Pet. for Cert. 131-132 (quoting Friends of the Earth v. EastmanSearch
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Kodak Co., 834 F.2d 295 , 298 (CA2 1987), in turn quoting Lewis v. CoughlinSearch
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fee applies uniformly to all of them. Flight Attendants v. ZipesSearch
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as too risky (i. e., too unlikely to succeed), these two propositions, as a practical matter, collide. See King v. PalmerSearch
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U. S. App. D. C. 362, 371, 950 F.2d 771 , 780 (1991) (en bane), cert. pending sub nom. King v. RidleySearch
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which in turn is based on our decrees. See King v. PalmerSearch
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vacated, 292 U. S. App. D. C. 362, 950 F.2d 771 (1991), cert. pending sub nom. King v. RidleySearch
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prevailing) parties bars a prevailing plaintiff from recovering fees relating to claims on which he lost, Hensley v. EckerhartSearch
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For example, in Blanchard v. BergeronSearch
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offer attorneys a share of a recovery sufficient to justify a standard contingent-fee arrangement. See Pennsylvania v. DelawareSearch
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the standard fee-shifting language used elsewhere to bar enhancement. Cf. West Virginia Univ. Hospitals, Inc. v. CaseySearch
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see also Venegas v. MitchellSearch
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to an award. In prior cases the Court has been careful to distinguish between these two issues. See, e. g., Hensley v. EckerhartSearch
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Ante, at 565-566 (footnote omitted), quoting Venegas v. MitchellSearch
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a reasonable incentive to an attorney contemplating whether or not to take a case in the first place. See Pennsylvania v. DelawareSearch
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App. to Pet. for Cert. 132-133. The Court of Appeals affirmed on the basis of its holding in Friends of the Earth v. EastmanSearch
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Syllabus City of Burlington V. DagueSearch
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In Pennsylvania v. DelawareSearch
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Friends of the Earth v. EastmanSearch
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Lewis v. CoughlinSearch
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See King v. PalmerSearch
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King v. RidleySearch
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See Pennsylvania v. DelawareSearch
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Cf. West Virginia Univ. Hospitals, Inc. v. CaseySearch
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Missouri v. JenkinsSearch
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