CASE LAW UPDATE: Whether attorneys’ fee could be awarded after a consent decree?
Plaintiffs had filed suit to challenge portions of North Dakota’s election statutes. The parties ultimately resolved the case through a consent decree. Plaintiffs moved for an award of attorneys’ fees. The District Court granted the motion, over defendant’s timeliness objection. Defendant appealed. On appeal, the Eighth Circuit Court of Appeals found that plaintiff’s motion was untimely. However, the Court also found that plaintiff’s reasonable interpretation that a preliminary injunction was not the appropriate point to request attorneys’ fees constituted excusable neglect for the untimeliness of their motion. Affirmed.
Sprit Lake Tribe v. Jaeger, MLW No. 77048, Case No. 20-2142, Eighth Circuit Court of Appeals, Colloton, J. Appealed from the United States District Court, District of North Dakota.
Minnesota Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.