CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE v. KASSEL Et Al.
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE v. KASSEL Et Al.
Opinion of the Court
The writ of certiorari is dismissed as improvidently granted.
Dissenting Opinion
dissenting.
We granted certiorari in this case to decide one very narrow question: “May a court, without articulating its rationale, summarily deny an application for attorneys’ fees under 42 U. S. C. § 1988?” Petitioner concedes that “not... all cases require opinions,” Brief for Petitioner 6, n. 6, but argues that with respect to an application for fees under §1988 “[t]he combination of discretion and a standard for the exercise of that discretion necessitates a statement of reasons to determine whether the decision is proper.” Id, at 12. In my view, such an application is not sufficiently distinguishable
Accordingly, I dissent from the majority’s disposition of this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.