How have the courts treated attorney's fees on appeal?

Starting from the district court's initial order, the plaintiffs improved their position after the first appeal and subsequent remand. However, the second appeal and subsequent remand worsened their position overall. ² Thus, the "victory" after the first appeal was fleeting, and the plaintiffs were ultimately unsuccessful on appeal. Cf. Cabrales v. County of Los Angeles, 935 F.2d 1050, 1053 (9th Cir.1991) ("[A] plaintiff who is unsuccessful at a stage of litigation that was a necessary step to her ultimate victory is entitled to attorney's fees even for the unsuccessful stage.").