Buckhannon Board & Care Home v West Virginia Dept. H & H
| Decision Date | 29 May 2001 |
| Docket Number | 99-1848 |
| Citation | 532 U.S. 598,121 S.Ct. 1835,149 L.Ed.2d 855 |
| Parties | BUCKHANNON BOARD AND CARE HOME, INC., et al., PETITIONERS v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES et al.SUPREME COURT OF THE UNITED STATES |
| Court | U.S. Supreme Court |
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3332 cases
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Pulido v. Cuccinelli
...party" is defined as "one who has been awarded some relief by the court." Buckhannon Board & Care Home v. W.V. Dep't of Health and Human Res. , 532 U.S. 598, 602, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). As Plaintiffs concede, they are not prevailing parties at this time. Additionally, accor......
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Hollowell v. VA. MARINE RESOURCES COM'N
...definition used by federal courts for federal fee-shifting statutes. See Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep't of Health & Human Res., 532 U.S. 598, 603, 121 S.Ct. 1835, 1839, 149 L.Ed.2d 855 (2001) (applying same Black's Law Dictionary definition for the term "prevailing ......
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S.F. v. McKinney Indep. Sch. Dist.
...some of the benefit the parties sought in bringing suit."); and Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Res., 532 U.S. 598, 603-04, 121 S. Ct.1835, 149 L. Ed.2d 855 (2001) (a prevailing party is one that has obtained a judgment on the merits, a consent ......
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Goldring v. District of Columbia
...as a term of art, as it did with the term "prevailing party" in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 604-05, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). Even in that situation, this court and other circuits have recognized tha......
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3 firm's commentaries
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Quick Hits – ADA and FHA cases of note
...when filed. Under the Supreme Court’s decision in Buckhannon Bd. and Care Home, Inc. v. W. Virginia Dept. of Health and Human Resources, 532 U.S. 598, 600 (2001) even if the plaintiff’s lawsuit results in the desired change the court cannot award attorneys’ fees if there is no final judgmen......
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Tampa District Court Breathes Life Into 'Catalyst Theory,' Challenging Eleventh Circuit
...to attorney's fees. The Supreme Court in Buckhannon Board and Care Home, Inc. v. West Virginia Dep't of Health and Human Resources, 532 U.S. 598 (2001), had previously rejected the "catalyst theory" for prevailing party status, albeit in the context of the Fair Housing Authority Act (FHAA) ......
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Did The Eleventh Circuit Just Kill The Mootness Defense In FLSA Cases?
...the Americans with Disabilities Act, Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001). And the court in Dionne seemed to suggest that a defendant could effectively moot an FLSA case at any stage in the proceedings by ten......
53 books & journal articles
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Case summaries.
...317 F.3d 1080 (9th Cir. 2003). (22) Id. at 1087; see also Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598, 604 (2001) (stating that a litigant qualifies as a prevailing party if it has obtained a court-ordered change in the legal relationship be......
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Chapter 2. The FCPA's Expansive Jurisdiction
...in the body of learning from which it was taken.”); Buckhannon Bd. and Care Home, Inc. v. West Virginia Dep’t of Health and Human Res. , 532 U.S. 598, 615, 149 L. Ed. 2d 855, 121 S. Ct. 1835 (2001) (“Words that have acquired a specialized meaning in the legal context must be accorded their ......
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Table of Cases
...Cir. Apr. 27, 2001), 6th-01, §§ 603.8, 703.1 Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources , 532 U.S. 598, 149 L.Ed.2d 855 (2001), U.S. Supreme Court-10, 9th-10 Buckner v. Apfel , 213 F.3d 1006 (8th Cir. May 22, 2000), 8th-00, § 106.9, 107.16, 605.2......
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The Weaponization of Attorney's Fees in an Age of Constitutional Warfare.
...A Critical Overview, 1982 DUKE L.J. 651, 651; see also Buckhannon Bd. & Care Home, Inc., v. W. Va. Dep't of Health & Hum. Res., 532 U.S. 598, 602 (2001) (describing the American rule where "patties are ordinarily required to bear their own attorney's (118.) Shimman v. Int'l Union of......
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