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NEMEROFF v. ABELSON

No. 559, Docket 82-7488.

704 F.2d 652 (1983)

Robert B. NEMEROFF, D.D.S., Plaintiff-Appellant, Hale & Dorr, Appellant, v. Alan ABELSON, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 23, 1983.

Attorney(s) appearing for the Case

Simon H. Rifkind, New York City (Robert S. Smith, Michael C. Lasky, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for appellants.

Michael B. Mukasey, New York City (Ellen M. Martin, Patterson, Belknap, Webb & Tyler, New York City, on the brief), for appellees Alan Abelson, Robert Bleiberg, and Dow Jones & Co., Inc.

Julius Berman, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief), for appellee Meyer Berman.

Andrew C. Freedman, New York City (Reavis & McGrath, New York City, on the brief), for appellees Robert Wilson and Robert Wilson Associates.

Before TIMBERS, NEWMAN and PIERCE, Circuit Judges.

NEWMAN, Circuit Judge:

A prevailing defendant is entitled to an award of attorney's fees if a plaintiff brings or maintains an action without adequate factual basis and in bad faith. See Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 258-59, 95 S.Ct. 1612, 1622, 44 L.Ed.2d 141 (1975). That rule must be applied with caution to make sure that plaintiffs are not deterred from suing to enforce their rights, especially...

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