(The Return of) Ignatz, by Sam Heldman

Saturday, July 20, 2002

Eleventh Circuit update: Nagle v. Experian holds that a plaintiff can't get an award of attorneys' fees under the Fair Credit Reporting Act if there is only a finding of liability but no award of damages.

In Perez v. Miami-Dade, the defendants had failed to respond to requests for admission; the District Court therefore held that all of the facts were admitted, and granted plaintiffs' motion for summary judgment, and held a trial only on damages (at which plaintiffs got a big verdict). The Court of Appeals reverses, holding -- apparently for the first time -- that a trial court MUST allow a party to withdraw its admissions if the factors set forth in Rule 36(b) are satisfied, even though the Rule says that the trial court "MAY" do so. Cynics among us may wonder if the Court would have so held, if the shoes were on the other feet (i.e., if it were a plaintiff's lawyer who had messed up).

posted by sam 12:35 PM 0 comments


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