Injunction Winner Can Be Prevailing Party: 10th Circ.

Law360, New York (August 9, 2011, 9:52 PM EDT) -- The Tenth Circuit ruled Tuesday that two Kansas judges who had won a preliminary injunction against the Kansas Commission on Judicial Qualifications were due attorneys' fees as the prevailing party even though the case was dismissed as moot.

A three-judge panel ruled that in order for a preliminary injunction to serve as a basis for prevailing-party status, the injunction has to provide at least some relief requested in the complaint and represent an indication of probable success on the merits.

The judges, Charles M. Hart and...
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