History
  • No items yet
midpage
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE v. KASSEL Et Al.
102 S. Ct. 1496
| SCOTUS | 1982
|
Check Treatment

Dissenting Opinion

Justice White,

dissenting.

We granted certiorari in this case to decide one very narrow question: “May a court, without articulating its rationale, summarily deny an application for attorneys’ fees under 42 U. S. C. § 1988?” Petitioner concedes that “not... all cases require opinions,” Brief for Petitioner 6, n. 6, but argues that with respect to an application for fees under §1988 “[t]he combination of discretion and a standard for the exercise of that discretion necessitates a statement of reasons to determine whether the decision is proper.” Id, at 12. In my view, such an application is not sufficiently distinguishable *330from numerous other motions and applications that a court may concedely decide without opinion. Whether this is a good or bad method of exercising discretion in a particular case, or even in general, is not at issue in this case. Because I do not believe that there is any per se rule that a court may never summarily deny an application for fees, I would affirm the decision below.

Accordingly, I dissent from the majority’s disposition of this case.






Lead Opinion

Per Curiam.

The writ of certiorari is dismissed as improvidently granted.

Justice O’Connor took no part in the consideration or decision of this case.

Case Details

Case Name: CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE v. KASSEL Et Al.
Court Name: Supreme Court of the United States
Date Published: Feb 24, 1982
Citation: 102 S. Ct. 1496
Docket Number: 79-1618
Court Abbreviation: SCOTUS
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.