Live Gold Asks High Court To Clarify Buckhannon Ruling

Law360, Washington (August 23, 2011, 5:17 PM EDT) -- A concert promoter last week asked the U.S. Supreme Court to interpret a 2001 decision to judge whether a plaintiff can prevail for purposes of obtaining attorneys’ fees if it wins a temporary restraining order but the defendant moots the case by changing its position.

The Third Circuit's divided en banc ruling in June, in a suit pitting promoter Live Gold Operations Inc. against the state of New Jersey, added weight to the Supreme Court’s 2001 Buckhannon decision striking down the so-called catalyst theory, under which...
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