Is a post-judgment motion for attorney's fees still pending before the district court?

MultiRegion, United States of America

The following excerpt is from Wong v. U.S., 859 F.2d 129 (9th Cir. 1988):

The Wongs argue that this appeal is premature because their post-judgment motion for attorney's fees is still pending before the district court. This argument fails. An attorney's fees request is collateral to the main action. A judgment on the merits is final and appealable even though a request for attorney's fees remains unresolved. See International Ass'n of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local Union 75 v. Madison Industries, Inc., 733 F.2d 656, 659 (9th Cir.1984).

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)

When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)

When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)

If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)

In what circumstances will the district court allow a motion to certify a class action under the bad faith exception to be reserved pending disposition of motions to dismiss the amended complaint? (MultiRegion, United States of America)

Is there an abuse of power or abuse of authority in a motion to dismiss a motion brought by the Superior Court of Justice against the District Court of Appeal? (MultiRegion, United States of America)

What is the test for certifying a motion by a federal district court to overturn a finding that the district court acted in the wrong way for the wrong reason? (MultiRegion, United States of America)

Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)

In a motion for a new trial, in what circumstances will the US Supreme Court grant a motion to reverse the judgment of the district court and remand for new trial? (MultiRegion, United States of America)

What are some cases where the Supreme Court has ruled in favour of a motion requiring that a motion by a federal district judge be heard? (MultiRegion, United States of America)

Is a post-judgment motion for attorney's fees still pending before the district court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources