United States Fourth Circuit

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EEOC v. Great Steaks, Inc., 10-1756

On a defendant's motion for attorney's fees after it had prevailed on a Title VII claim by the EEOC alleging sexual harassment of an employee, the district court's denial of the motion is affirmed, where the district court did not abuse its discretion in: 1) finding that the EEOC's case was not frivolous, unreasonable, or groundless, and thus denying fees under Title VII's fee-shifting provision; 2) declining to award attorney's fees under EAJA, as EAJA's mandatory fee provision did not apply, given the availability of fees under Title VII; and 3) denying the motion for attorneys' fees and costs under 28 USC section 1927.

Appellate Information

  • Decided 01/26/2012
  • Published 01/26/2012

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Fred Thurman Hamlet, Sr., Elizabeth Ellen Theran