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/ ↗

Full Text

1,048 chars

-27-
omitted). See also 28 U.S.C. § 2106 (providing circuit courts of appeals the power to
“direct the entry of such appropriate judgment . . . as may be just.”); Gay Officers
Action League v. Puerto Rico, 247 F.3d 288, 299 (1st Cir. 2001) (foregoing a remand
and imposing an award of punitive damages where the district court erred in its
attorney fees calculation). We have not located any cases from our circuit where we
have foregone a remand under these circumstances. Cf. In re Kujawa, 270 F.3d 578,
(8th Cir. 2001); Thomlinson v. City of Omaha, 63 F.3d 786 (8th Cir. 1995); Rydder
v. Rydder, 49 F.3d 369 (8th Cir. 1995); Allen v. Higgins, 902 F.2d 682 (8th Cir.
1990). However, like the First and Eleventh Circuits, we believe the record before us
is clear, remand would be inefficient, and it is necessary for us to determine an
appropriate attorney fees award in this case in order to comply with the Supreme
Court’s command that “[a] request for attorney’s fees should not result in a second
major litigation,” Hensley, 461 U.S. at 437.7

Other Sections in This Document (232)

Full Text