Abstract: On June 15, 2011, in Singer Management Consultants, Inc. v. Milgram, the U.S. Court of Appeals for the Third Circuit sitting en banc held that a temporary restraining order vacated after a defendant’s change in position is insufficient to confer prevailing-party status for purposes of awarding attorney’s fees. As a result, parties who obtain in-court relief short of a formal court order may not be able to obtain attorney’s fees. This Comment argues that in arriving at that decision, the Singer court too narrowly construed the phrase “judicially sanctioned.” It further advises that, to avoid this result, attorneys who plan to seek fees should request a permanent formal order, which courts have recognized as sufficient to confer prevailing-party status.
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]
Alumni-Student Happy Hour, February 19
Dear BCLR Alumni, I am pleased to announce that the Boston College Law Review will be hosting its Alumni-Student Happy […]
2014 E. Supp. Now Available
We have begun posting case comments from recent federal appellate decisions to our 2014 E. Supp., which can be found […]