National Jewish Democratic Council v. Adelson

Background

The plaintiffs moved for an interim award of costs and attorney’s fees while the case was pending. The court had previously granted the plaintiffs partial summary judgment, but that ruling addressed only liability. The plaintiffs had not received damages, nominal damages, an enforceable judgment, or another form of relief identified by the court.

Costs

The court applied Federal Rule of Civil Procedure 54(d), which generally allows costs to the prevailing party. The court explained that a prevailing party must obtain an enforceable judgment, comparable relief through a settlement or consent decree, or some other relief on the merits. Because the plaintiffs had obtained only a ruling on liability and no cognizable relief, they had not yet prevailed. The court therefore held that Rule 54(d) barred an interim award of costs at that point.

Attorney’s Fees

The court said Nevada law governed the availability of an interim award of attorney’s fees because the plaintiffs relied on Nevada’s anti-SLAPP statute. The court noted that the statute allows a person targeted by a qualifying action to bring a separate action to recover attorney’s fees and costs, but does not expressly use the term “prevailing party.” The plaintiffs asked the court to read that standard into the statute.

The court did not decide whether Nevada’s statute authorizes interim fees or incorporates a prevailing-party requirement. It held that, regardless, the plaintiffs did not qualify as a prevailing party because they had not obtained the required relief on the merits.

Disposition

The court denied the plaintiffs’ motion for an interim award of costs and attorney’s fees. This order did not state that the underlying case was dismissed or otherwise resolved.

Judge

The order was issued by J. Paul Oetken, United States District Judge.