United States DC Circuit

In a class-action Title VII suit alleging sex discrimination by the Navy, order requiring plaintiffs to refund certain attorneys' fees and interest is affirmed where: 1) an intervening Supreme Court case regarding the retroactivity of sovereign immunity defenses did not apply to require defendant to pay attorneys' fees incurred prior to 1991; and 2) plaintiffs were not a "prevailing party" for purposes of litigating claims for interest on awarded attorneys' fees, because this litigation was separate from the sex-discrimination litigation.

Appellate Information

• Argued 03/18/2008
• Decided 09/02/2008
• Published 09/02/2008

Judges

• Before:  SENTELLE, Chief Judge, and GINSBURG and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bradley G. McDonald argued the cause for appellants.   With him on the brief was John F. Karl, Jr.


• For Appellees:
  
• Daniel F. VanHorn, Assistant U.S. Attorney, argued the cause for appellees.   With him on the brief were Jefrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.