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Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees

Loaded on Aug. 15, 2012 published in Prison Legal News August, 2012, page 37
Filed under: Attorneys, Attorney Fee Awards, Settlements. Location: West Virginia.
The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of costs or attorney’s fees cannot be interpreted, after the fact, to have included those costs and fees. Rather, in ...

 

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