In a case involving the wrongful destruction of a property, the Sixth Circuit discussed attorney fees awards and concluded that the lower court improperly concluded that the Plaintiffs were not entitled to attorneys fees and in a matter of first impression for the circuit concluded as most circuits have that a judgment falling short of a Rule 68 offer does not entitle the defendants to attorneys fees absent underlying statutory authority. The case involved a member of the armed services who owned rental housing that had become vacant and a nuisance. The city demolished the dwelling but did not notify the owner before doing so.
14a0138p.06http://www.ca6.uscourts.gov/opinions.pdf/14a0138p-06.pdf
13-2103https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=13-2103
Benjamin Hescott v. City of Saginaw
Eastern District of Michigan at Bay City
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"
In a case involving the wrongful destruction of a property, the Sixth Circuit discussed attorney fees awards and concluded that the lower court improperly concluded that the Plaintiffs were not entitled to attorneys fees and in a matter of first impression for the circuit concluded as most circuits have that a judgment falling short of a Rule 68 offer does not entitle the defendants to attorneys fees absent underlying statutory authority. The case involved a member of the armed services who owned rental housing that had become vacant and a nuisance. The city demolished the dwelling but did not notify the owner before doing so.
14a0138p.06<http://www.ca6.uscourts.gov/opinions.pdf/14a0138p-06.pdf>
13-2103<https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=13-2103>
Benjamin Hescott v. City of Saginaw
Eastern District of Michigan at Bay City
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"