A court battle over rights to the names of two 1950s doo-wop groups has sparked an appeal that could have far-reaching effects in civil rights litigation. The 3rd Circuit has granted en banc rehearing to decide the proper test to determine a plaintiff's entitlement to attorney fees as the "prevailing party." The underlying battle started when New Jersey officials threatened to take action against a music promoter who was using the two groups' names in a concert series -- a position the state later reversed.
In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue
The Legal Intelligencer
September 3, 2010