United States First Circuit

Reset A A Font size: Print

Batterman v. Leahy, 072653

In a claim for attorneys fees, the district court's administrative closure of the case on grounds of Pullman abstention is vacated and remanded where: 1) the Pullman abstention did not apply in this case; 2) there was no right under state law, property or otherwise, for attorney-plaintiff to be paid more than the cap on billable hours and so no federal constitutional issue is presented by defendants' refusal to do so; 3) there was no ambiguity with respect to state law that required clarification; and 4) no single abstention doctrine, or probably any combination of them, would justify abstention for all of the counts.

Appellate Information

  • Decided 10/15/2008
  • Published 10/15/2008

Judges

Court

  • United States First Circuit

Counsel

Copied to clipboard