Section 1988 allows a defendant to recover reasonable attorneys' fees incurred because of, but only because of, a frivolous claim; i.e., to receive only the portion of the fees that the defendant would not have paid but for the frivolous claim.
Font Size:
![]()
U.S. SUPREME COURT
Fox v. Vice
New Jersey Law Journal
June 7, 2011
This article requires premium access
This article requires premium access to The New Jersey Law Journal. Please sign in or subscribe to read the full text.

