Federal Judiciary

Petition of the day

By Anna Christensen

Today’s first petition of the day is:

Title: Fox v. Vice
Docket: 10-114
Issue(s): 1) Whether defendants can be awarded attorneys' fees under 42 U.S.C. § 1988 in an action based on a dismissal of a claim, when the plaintiff has asserted other interrelated and non-frivolous claims; and 2) whether it is improper to award defendants all of the attorney's fees they incurred in an action under 42 U.S.C. § 1988, when the fees were spent defending non-frivolous claims that were intertwined with the frivolous claim.

Certiorari-Stage Documents

• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Today’s second petition of the day is:

Title: Grant County Black Sands Irrigation District v. U.S. Bureau of Reclamation
Docket: 10-116
Issue(s): Whether the government may deprive landowners of the ability to acquire a permanent water right and other reclamation law entitlements by limiting landowners to perpetually extending ten-year ?water utility? contracts under 43 U.S.C. § 485(e).

Certiorari-Stage Documents

• Opinion below (Federal Circuit)
• Petition for certiorari
• Amicus brief for San Luis & Delta-Mendota Water Authority, Westlands Water District, And San Luis Water District

Full post as published by SCOTUSBLOG on September 14, 2010 (boomark / email).