United States Ninth Circuit

In an action to bar enforcement of the Holocaust Victim Insurance Relief Act, the district court erred when it held that plaintiffs were not prevailing parties within the meaning of U.S.C. section 1988, and, as a result, plaintiffs are entitled to an award of attorneys' fees.

Appellate Information

• Argued 12/13/2004
• Decided 03/10/2005
• Published 03/10/2005

Judges

• Before:  GOODWIN, GRABER, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles A. Rothfeld, Mayer, Brown, Rowe & Maw, LLP, Washington, DC, for the plaintiffs-appellants.


• For Appellees:
  
• Frank Kaplan, Leslie Tick, California Department of Insurance, San Francisco, California; and and Andrew W. Stroud, Mennemeier, Glassman & Stroud LLP, Sacramento, California; Alschuler Grossman Stein & Kahan, LLP, Santa Monica, CA, for the defendant-appellee.