Marek v. Chesny

E823909

Marek v. Chesny is a 1985 U.S. Supreme Court case that clarified how settlement offers under Federal Rule of Civil Procedure 68 affect the recovery of attorney’s fees in civil rights litigation.

All labels observed (1)

Label Occurrences
Marek v. Chesny canonical 1

How this entity was disambiguated

Statements (35)

Predicate Object
instanceOf United States Supreme Court case
legal case
areaOfLaw civil procedure
civil rights law
arguedDate 1984-12-03
citation 473 U.S. 1
country United States of America
surface form: United States
court Supreme Court of the United States
decidedYear 1985
decisionDate 1985-06-27
docketNumber 83-1437
effect Clarified the interaction between Rule 68 offers of judgment and statutory attorney’s fee provisions in civil rights cases.
Encouraged early settlement in civil rights litigation by limiting post-offer fee recovery when offers are rejected.
holding A plaintiff who rejects a Rule 68 settlement offer and then obtains a judgment less favorable than the offer may not recover post-offer attorney’s fees that are defined as costs.
Attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 are included within the term “costs” in Federal Rule of Civil Procedure 68.
jurisdiction United States of America
surface form: United States
legalSubject Federal Rule of Civil Procedure 68 NERFINISHED
attorney’s fees
civil rights litigation
offers of judgment
majorityOpinionBy Chief Justice Warren E. Burger NERFINISHED
Warren E. Burger NERFINISHED
page 1
parties Chesny NERFINISHED
Marek NERFINISHED
relatedCase Evans v. Jeff D. NERFINISHED
Hensley v. Eckerhart NERFINISHED
relatedConcept costs
fee-shifting
settlement offer
reporter United States Reports
ruleInterpreted Federal Rule of Civil Procedure 68 NERFINISHED
statuteInterpreted 42 U.S.C. § 1988
volume 473
vote 6-3

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.