Kansas Judicial Watch v. Stout, No. 09-3356 (10th Cir. 2011)
Annotate this CasePlaintiffs Kansas Judicial Review, the Honorable Charles Hard and Robb Rumsey appealed a district court order that denied their motion for attorney's fees. The Tenth Circuit was asked to decide whether Plaintiffs qualified as "prevailing parties" when they secured a preliminary injunction that afforded some of the relief sought in their complaint. The court granted the injunction after finding Plaintiffs were substantially likely to succeed on the merits of their claims. The actions of third parties mooted the case before the Tenth Circuit had the opportunity to determine the validity of the preliminary injunction on appeal. Upon review of the trial record, the Tenth Circuit concluded that the preliminary injunction conferred prevailing-party status on Plaintiffs, and reversed the judgment of the lower court that held otherwise. The Court remanded the case for further proceedings.
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