No. 21-491

William T. Schmitt, et al. v. Craig M. Stephens, et al.

Lower Court: Sixth Circuit
Docketed: 2021-10-04
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review attorney-fees civil-procedure civil-rights co-defendant due-process final-judgment preclusion preclusive-effect res-judicata
Latest Conference: 2021-11-05
Question Presented (from Petition)

1. Whether the successful appeal of a final judgment by
a "closely interwoven" co-defendant equitably relieves
a non-appealing defendant of the preclusive effects of
that adverse final judgment.

2. Whether an appellate court's rejection of a prevailing
plaintiff's "key legal argument" supporting the
plaintiff's final judgment constitutes a "special
circumstance" justifying the denial of an attorney's fee
award under 42 U.S.C. § 1988(b) from a non-appealing
defendant who remains bound by the judgment.

3. Whether Sole v. Wyner overrides the principles of res
judicata recognized in Federated Department Stores v.
Moitie.

Question Presented (AI Summary)

Whether the successful appeal of a final judgment by a 'closely interwoven' co-defendant equitably relieves a non-appealing defendant of the preclusive effects of that adverse final judgment

Docket Entries

2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-18
Waiver of right of respondent Craig Stephens, et al. to respond filed.
2021-09-30
Petition for a writ of certiorari filed. (Response due November 3, 2021)

Attorneys

Craig Stephens, et al.
Pamela Joy HolderPortage County Prosecutor, Respondent
William Schmitt, et al.
Mark R. Brown — Petitioner