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No. 9013965
United States Court of Appeals for the Ninth Circuit
Davis v. City & County of San Francisco
No. 9013965 · Decided February 5, 1993
No. 9013965·Ninth Circuit · 1993·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 5, 1993
Citation
No. 9013965
Disposition
See opinion text.
Full Opinion
ORDER DENYING PETITION FOR REHEARING AND VACATING PORTION OF OPINION ORDER Plaintiffs-Appellees’ petition for rehearing is denied. However, in light of the parties’ settlement of plaintiff-appellees’ claims to expert witness fees while the court had under consideration whether to take en banc the issue of retroactivity of the Civil Rights Act of 1991 which amended 42 U.S.C. § 2000e-5(k) to provide explicitly for the award of expert fees as part of costs, we vacate as moot that portion of the opinion that affirms the district court’s award of expert witness fees in this case. Upon remand to the district court, we direct that, as part of the remand, it vacate that portion of its judgment that awarded expert witness fees. See United States v. Munsingwear, Inc., 340 U.S. 36 , 71 S.Ct. 104 , 95 L.Ed. 36 (1950).
Plain English Summary
ORDER DENYING PETITION FOR REHEARING AND VACATING PORTION OF OPINION ORDER Plaintiffs-Appellees’ petition for rehearing is denied.
Key Points
01ORDER DENYING PETITION FOR REHEARING AND VACATING PORTION OF OPINION ORDER Plaintiffs-Appellees’ petition for rehearing is denied.
02However, in light of the parties’ settlement of plaintiff-appellees’ claims to expert witness fees while the court had under consideration whether to take en banc the issue of retroactivity of the Civil Rights Act of 1991 which amended 42 U
03§ 2000e-5(k) to provide explicitly for the award of expert fees as part of costs, we vacate as moot that portion of the opinion that affirms the district court’s award of expert witness fees in this case.
04Upon remand to the district court, we direct that, as part of the remand, it vacate that portion of its judgment that awarded expert witness fees.
Frequently Asked Questions
ORDER DENYING PETITION FOR REHEARING AND VACATING PORTION OF OPINION ORDER Plaintiffs-Appellees’ petition for rehearing is denied.
FlawCheck shows no negative treatment for Davis v. City & County of San Francisco in the current circuit citation data.
This case was decided on February 5, 1993.
Use the citation No. 9013965 and verify it against the official reporter before filing.