Skip to main content
LIRA@BC Law

Abstract

On June 15, 2011, in Singer Management Consultants, Inc. v. Milgram, the U.S. Court of Appeals for the Third Circuit sitting en banc held that a temporary restraining order vacated after a defendant’s change in position is insufficient to confer prevailing-party status for purposes of awarding attorney’s fees. As a result, parties who obtain in-court relief short of a formal court order may not be able to obtain attorney’s fees. This Comment argues that in arriving at that decision, the Singer court too narrowly construed the phrase “judicially sanctioned.” It further advises that, to avoid this result, attorneys who plan to seek fees should request a permanent formal order, which courts have recognized as sufficient to confer prevailing-party status.

Files

File nameDate UploadedVisibilityFile size
10.pdf
7 Sep 2022
Public
148 kB

Metrics

Metadata

  • Subject
    • Civil Procedure

  • Journal title
    • Boston College Law Review

  • Volume
    • 53

  • Issue
    • 2

  • Pagination
    • 807

  • Date submitted

    7 September 2022