Quigley v. Winter, 598 F.3d 938 (2010)

Citation: Quigley v. Winter, 598 F.3d 938 (2010)
Parent Document: Quigley v. Winter, 598 F.3d 938 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-03-16
Original Source: https://www.courtlistener.com/opinion/231/quigley-v-winter/ ↗

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Winter cites two 1986 cases from outside our circuit in support of his
proposition that the existence of a contingency agreement bars an award of attorney
fees. See Tolliver v. Amici, 800 F.2d 149, 152 (7th Cir. 1986); Keith v. Volpe, 644
F. Supp. 1317, 1319 (C.D. Cal. 1986), aff’d, 858 F.2d 467 (9th Cir. 1988). We
consider Tolliver and Keith inapplicable and not contrary to our decision. As Quigley
notes, these two cases were decided before the 1988 amendments to the FHA. Before
the amendments, an award of attorney fees under the FHA was only available to “a
prevailing plaintiff [who was] not financially able to assume said attorney fees.” See
Tolliver, 800 F.2d at 152 (citing 42 U.S.C. § 3612(c) (1986)). The current version of
the FHA does not limit attorney fees to plaintiffs or to those who are not financially

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