7th Circuit sets rules for ‘appropriate’ fee-shifting

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 2, 2022 9:59 AM

Providing a clear standard for determining when to award attorney fees under a statute that authorizes fee-shifting in “appropriate” cases, the 7th U.S. Circuit Court of Appeals reversed a ruling that gave nothing in fees and costs to an organization that obtained a permanent injunction against a private zoo under the Endangered Species Act.The Animal Legal Defense Fund won — by default — when it sued Special Memories Zoo, in Greenville, Wis., for alleged “mistreatment of endangered and threatened animals.” The private zoo …

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