United States Second Circuit

Dismissal of plaintiff's complaint for lack of subject matter jurisdiction is reversed where his claim, which alleges that Title VII allows a party who successfully litigates an employment discrimination case before a state agency to obtain attorney's fees, is a federal question.

Appellate Information

• Argued 10/14/2004
• Decided 10/19/2005
• Published 10/19/2005

Judges

• Before OAKES, KEARSE and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward Cherney, Port Jefferson, N.Y. (John J. Andrews, Kenneth Lauri, Law Office of John J. Andrews, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Barry Leibowicz, Great Neck, N.Y. (Law Offices of Barry Leibowicz, of counsel), for Defendants-Appellees.