1. Home
  2. Browse Decisions
  3. U.S.
  4. 532 U.S.
  5. 532 U.S. 598 (2001)
 

BUCKHANNON BOARD & CARE HOME, INC. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES

No. 99-1848.

532 U.S. 598 (2001)

121 S.Ct. 1835

149 L.Ed.2d 855

BUCKHANNON BOARD & CARE HOME, INC., et al. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES et al.

Supreme Court of United States.

Decided May 29, 2001.

Attorney(s) appearing for the Case

Webster J. Arceneaux III argued the cause for petitioners. With him on the briefs was Brian A. Glasser.

Beth S. Brinkmann argued the cause for the United States as amicus curiae urging reversal. With her on the brief were former Solicitor General Waxman, Acting Solicitor General Under wood, Assistant Attorney General Lee, Jeffrey P. Minear, Jessica Dunsay Silver, and Kevin K. Russell.

David P. Cleek, Senior Deputy Attorney General of West Virginia, argued the cause for respondents. With him on the brief was Darrell V. McGraw, Jr., Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 610. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 622.

Chief Justice Rehnquist delivered the opinion of the Court.

Numerous federal statutes allow courts to award attorney's fees and costs to the "prevailing party." The question presented here is whether this term includes a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change in the defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases