[DOWNLOAD] "Chambers v. Ohio Dept. of Human Services" by Sixth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: Chambers v. Ohio Dept. of Human Services
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 11, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This case is before the Sixth Circuit for a second time. On the first appeal, the district courts summary judgment in Plaintiffs favor was reversed and the case remanded for further proceedings terminating the case in Defendants favor. See Chambers v. Ohio Dept of Human Servs., 145 F.3d 793 (6th Cir. 1998). The issue now presented concerns the propriety of attorneys fees awarded by the district court to plaintiffs counsel on the "catalyst theory" of success as a "prevailing party." The Supreme Courts recent opinion in Buckhannon Bd. and Care Home, Inc. v. W.V. Dept of Health and Human Resources, --- U.S. ---, 121 S. Ct. 1835 (2001) has made clear that, to "prevail," the party must have obtained a change in the legal relationship of the parties that originated in a court order or that had at least received judicial sanction. The catalyst theory of success thus is no longer a permissible basis for awarding attorneys fees. We must reverse.

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