What is the effect of estoppel effects on a plaintiff's attorney fees?
MultiRegion, United States of America
The following excerpt is from Richardson v. Continental Grain Co., 336 F.3d 1103 (9th Cir. 2003):
There was no actual relief here, only the possibility of future relief. Cf. Wilcox v. City of Reno, 42 F.3d 550, 555 (9th Cir. 1994) (a plaintiff prevails when the trial court finds a fact with potential collateral estoppel effects and recovers nominal damages). Richardson received no relief for his back claim, nominal, injunctive, or otherwise. Because he did not successfully prosecute his back claim under section 928(a), he is not entitled to attorney fees.
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