Marek v. Chesny

E823909

Marek v. Chesny is a 1985 U.S. Supreme Court case that clarified how settlement offers under Federal Rule of Civil Procedure 68 affect the recovery of attorney’s fees in civil rights litigation.

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Label Occurrences
Marek v. Chesny canonical 1

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Statements (35)

Predicate Object
instanceOf United States Supreme Court case ⓘ
legal case ⓘ
areaOfLaw civil procedure ⓘ
civil rights law ⓘ
arguedDate 1984-12-03 ⓘ
citation 473 U.S. 1 ⓘ
country United States ⓘ
court Supreme Court of the United States ⓘ
decidedYear 1985 ⓘ
decisionDate 1985-06-27 ⓘ
docketNumber 83-1437 ⓘ
effect Clarified the interaction between Rule 68 offers of judgment and statutory attorney’s fee provisions in civil rights cases. ⓘ
Encouraged early settlement in civil rights litigation by limiting post-offer fee recovery when offers are rejected. ⓘ
holding A plaintiff who rejects a Rule 68 settlement offer and then obtains a judgment less favorable than the offer may not recover post-offer attorney’s fees that are defined as costs. ⓘ
Attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 are included within the term “costs” in Federal Rule of Civil Procedure 68. ⓘ
jurisdiction United States ⓘ
legalSubject Federal Rule of Civil Procedure 68 ⓘ
attorney’s fees ⓘ
civil rights litigation ⓘ
offers of judgment ⓘ
majorityOpinionBy Chief Justice Warren E. Burger ⓘ
linked to: Warren E. Burger

Warren E. Burger ⓘ
page 1 ⓘ
parties Chesny ⓘ
Marek ⓘ
relatedCase Evans v. Jeff D. ⓘ
Hensley v. Eckerhart ⓘ
relatedConcept costs ⓘ
fee-shifting ⓘ
settlement offer ⓘ
reporter United States Reports ⓘ
ruleInterpreted Federal Rule of Civil Procedure 68 ⓘ
statuteInterpreted 42 U.S.C. § 1988 ⓘ
volume 473 ⓘ
vote 6-3 ⓘ

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Referenced by (1)

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