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Farrar V. Hobby: When Moral Victories Will Not Feed The Attorney, Seán W. Conley
Farrar V. Hobby: When Moral Victories Will Not Feed The Attorney, Seán W. Conley
Mercer Law Review
In Farrar v. Hobby, the Supreme Court granted "prevailing party" status, as required by 42 U.S.C § 1988, to those plaintiffs who are awarded only nominal damages. The Court rejected the Fifth Circuit's rationale that an award of nominal damages is a "technical" or "insignificant" victory and insufficient to allow prevailing party status.
Although the Court unanimously found that a party who is awarded nominal damages is a prevailing party, the Court split five to four as to what reasonable attorney fees would be in this case. Writing for the Court, Justice Thomas compared the relief sought to the …