Justia Election Law Opinion Summaries

Claiming that he was subjected to dirty tricks during his successful campaign to become the police chief of Vinton, La., plaintiff filed a state court suit against the incumbent chief and the town (collectively, "defendant") asserting both state and federal law claims. Defendant removed the case to federal court based on plaintiff's 42 U.S.C. 1983 claims and after discovery, defendant sought summary judgment on the federal claims, which plaintiff conceded were not valid. The District Court accordingly dismissed the federal claims with prejudice and remanded the remaining claims to state court, noting that defendant's attorneys' work could be useful in the state court proceedings. Defendant then asked the federal court for attorney's fees. At issue was whether a court could grant reasonable fees to defendant when plaintiff's suit involved both frivolous and non-frivolous claims. The Court held that, when a plaintiff's suit involved both frivolous and non-frivolous claims, a court could grant reasonable fees to defendant, but only for costs that defendant would not have incurred but for the frivolous claims. The Court concluded that, although the District Court noted the usefulness of the attorneys' work in defending against the state law claims, it failed to take proper account of the overlap between the frivolous and non-frivolous claims; the District Court's reasoning that the close relationship between the federal and state law claims supported the award could not be squared with the congressional policy of sparing defendant from the costs only of frivolous litigation; and the Fifth Circuit did not uphold the award on proper ground where it seemed to think that defendant could receive fees for any work useful to defendant against a frivolous claim, even if his lawyers would have done that work regardless. Accordingly, the court vacated and remanded for further proceedings. View "Fox v. Vice" on Justia Law

Claiming that he was subjected to dirty tricks during his successful campaign to become the police chief of Vinton, La., plaintiff filed a state court suit against the incumbent chief and the town (collectively, "defendant") asserting both state and federal law claims. Defendant removed the case to federal court based on plaintiff's 42 U.S.C. 1983 claims and after discovery, defendant sought summary judgment on the federal claims, which plaintiff conceded were not valid. The District Court accordingly dismissed the federal claims with prejudice and remanded the remaining claims to state court, noting that defendant's attorneys' work could be useful in the state court proceedings. Defendant then asked the federal court for attorney's fees. At issue was whether a court could grant reasonable fees to defendant when plaintiff's suit involved both frivolous and non-frivolous claims. The Court held that, when a plaintiff's suit involved both frivolous and non-frivolous claims, a court could grant reasonable fees to defendant, but only for costs that defendant would not have incurred but for the frivolous claims. The Court concluded that, although the District Court noted the usefulness of the attorneys' work in defending against the state law claims, it failed to take proper account of the overlap between the frivolous and non-frivolous claims; the District Court's reasoning that the close relationship between the federal and state law claims supported the award could not be squared with the congressional policy of sparing defendant from the costs only of frivolous litigation; and the Fifth Circuit did not uphold the award on proper ground where it seemed to think that defendant could receive fees for any work useful to defendant against a frivolous claim, even if his lawyers would have done that work regardless. Accordingly, the court vacated and remanded for further proceedings. View "Fox v. Vice" on Justia Law