BURKEE

v.

BUSCHE

Citator

Cited By (130 total)

• Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983)
  …94-1011, p. 4 (1976). The standards set forth in this opinion are generally applicable in all cases in which Congress has authorized an award of fees to a “prevailing party.” 8 See also Busche v. Burkee, 649 F. 2d 509, 521 (CA7 1981), cert. denied, 454 U. S. 897 (1981); Sethy v. Alameda County Water Dist., 602 F. 2d 894, 897-898 (CA9 1979) (per curiam). Cf. Taylor v. Sterrett, 640 F. 2d 663, 669 (CA5 1981) (“[T]he proper focus is whether the plaintiff has been successful on the central issue as exhibited by…
• Dolcie Lawrence v. Dunbar, 919 F.2d 1525 (11th Cir. 1990)
  …a facial attack, a plaintiff is afforded safeguards similar to those provided in opposing a Rule 12(b)(6) motion— the court must consider the allegations of the complaint to be true. Williamson v. Tucker, 645 F. 2d 404, 412 (5th Cir.), cert. denied, 454 U.S. 897, 102 S.Ct. 396, 70 L.Ed.2d 212 (1981). But when the attack is factual, the trial court may proceed as it never could under 12(b)(6) or Fed.R.Civ.P. 56. Because at issue in a factual 12(b)(1) motion is the trial court’s jurisdiction— its very power…
• Mary Beth G. and Sharon N. v. City OF Chicago, 723 F.2d 1263 (7th Cir. 1983)
  …78-79 (1st Cir.1978)). That has been the standard adopted in this circuit, Lenard v. Argento, 699 F. 2d 874, 899 (7th Cir.), cert. denied, _ U.S. _, 104 S.Ct. 69, 78 L.Ed.2d 84 (1983); Busche v. Burkee, 649 F. 2d 509, 521 (7th Cir.), cert. denied, 454 U.S. 897, 102 S.Ct. 396, 70 L.Ed.2d 212 (1981), and we believe the district court correctly applied it in this case. The plaintiff was successful on her central claim for relief and thus is entitled to reasonable attorney’s fees. [*1279] The considerations f…

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