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Full-Text Articles in Law
Appellate Practice And Procedure, William M. Droze, Cynthia Honssinger Frank
Appellate Practice And Procedure, William M. Droze, Cynthia Honssinger Frank
Mercer Law Review
Appellate practice and procedure in the Eleventh Circuit during 1992, consistent with previous years, has produced a number of interesting cases and is often a reflection of the attitudes of the panel considering the appeal. In one instance, despite lacking appellate jurisdiction due to the absence of a final order, the panel invited the parties to obtain the required certification from the district court in order to perfect the appeal. In another, the panel delivered stinging criticism to the district court for creating a policy that restricted the ability of parties to file summary judgment motions.
The court expanded its …
Trial Practice And Procedure, Steven A. Miller, Kristen K. Duggan
Trial Practice And Procedure, Steven A. Miller, Kristen K. Duggan
Mercer Law Review
This Article surveys the 1992 decisions of the Eleventh Circuit Court of Appeals that have significant impact upon the area of trial practice and procedure.
- Subject Matter Jurisdiction
- Personal Jurisdicition
- Pleading
- Issues at Trial
- Judgment
- Local Rules
- Sanctions
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 …