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Arenson v. Southern University Law Center

United States Court of Appeals for the Fifth Circuit · 1995 · Civil Procedure

Civil ProcedureAttorney's FeesInterestWaiverPetition for Rehearingprevailing partyattorney's feesinterest

Facts

Kenneth J. Arenson filed a petition for rehearing seeking a clear ruling on attorney's fees, interest on his judgment, and relief under Title VII. The court stated that Arenson was a prevailing party at trial and on appeal. The opinion addressed whether he was entitled to fees and interest and whether he could still obtain Title VII relief. The court also considered whether his Title VII request had been waived by his prior appellate conduct.

Issue

Whether, on rehearing, Arenson was entitled to clarification awarding attorney's fees and interest, and whether he could obtain relief on his Title VII claim. A related question was whether the Title VII claim had been waived by failing to seek a ruling from the prior appellate panel.

Rule

A prevailing party at trial and on appeal is entitled to attorney's fees and interest, with the district court to determine the reasonable fee and appropriate interest on remand. However, a party waives a claim by failing to seek a ruling on that issue from the prior appellate panel.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nadia Flores sued Red River Technical Institute in federal court in Louisiana and obtained a money judgment. The institute appealed, but the court of appeals affirmed. On rehearing, Nadia asks the appellate court to clarify that she is entitled to attorney's fees, although no amount has yet been set.

How should the court of appeals rule under the majority opinion's doctrine?

Explanation. The majority opinion confirms that a party who prevailed at trial and on appeal is entitled to attorney's fees. But the appellate court does not fix the amount there; it remands to the district court for determination of a reasonable fee. That is the proper disposition on rehearing.