Is a decision not to review an award of attorney's fees based on an incorrect application of the law on "prevailing party"?
MultiRegion, United States of America
The following excerpt is from Ciesla v. Shannon, 50 F.3d 13 (9th Cir. 1995):
Because the district court based its decision not to review the phase II award of attorney's fees on an incorrect application of the law on "prevailing party," the district court's decision is an abuse of discretion. Marchand v. Mercy Medical Center, 22 F.3d 933, 936 (9th Cir.1994). The district court's decision regarding the phase II attorney's fees award is therefore reversed and remanded for consideration on the merits.
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