United States Ninth Circuit

The district court properly awarded attorneys' fees to plaintiff for the previous appeal in which plaintiff had prevailed in part, in a lawsuit alleging that provisions of Washington state election law violated the First Amendment as applied to ballot measure committees, where: 1) the term "costs" under Rule 39 of the Federal Rules of Appellate Procedure did not include attorneys' fees recoverable as part of costs under 42 U.S.C. section 1988 and similar statutes; and 2) the district court therefore properly concluded that plaintiff was not precluded, as prevailing party, from obtaining an award of appellate attorneys' fees under section 1988.

Appellate Information

• Decided 03/19/2014
• Published 03/19/2014

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel