United States Second Circuit

Under 42 USC 1988, a plaintiff who obtained monetary damages is a "prevailing party" that may be entitled to attorneys' fees even if defendant already conceded liability at trial and plaintiff obtained a damage award smaller than defendant's settlement offer.

Appellate Information

• Decided 04/18/2001
• Published 04/18/2001

Judges

• STRAUB, Circuit Judge:, Before NEWMAN, CABRANES, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Roberto Rionda,Law Offices of Michael Kennedy, New York, NY, (Simone Monasebian, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Bruce A. Brown, Assistant Attorney General (Michael S. Belohlavek, Deputy Solicitor General, on the brief), on behalf of Eliot Spitzer, Attorney General of the State of New York, New York, NY, for Defendant-Appellee.