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Keywords

damagesattorneyprecedentappealverdictmotiondiscrimination
damagesattorney

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Mercer v. Duke University, 401 F.3d 199, 196 Ed. Law Rep. 104

Facts

Heather Sue Mercer, a female college football player, brought a Title IX discrimination action against Duke University after being cut from the men's football team. Despite initially being allowed to join the team, her treatment worsened following media attention, leading to her exclusion from practices and games. Mercer ultimately won a jury verdict awarding her nominal damages, which led to a subsequent motion for attorney fees that the district court granted, prompting an appeal from Duke University.

Issue

Whether the district court abused its discretion in awarding attorney fees to Mercer despite her recovery being limited to nominal damages.

Whether the district court abused its discretion in awarding attorney fees to Mercer despite her recovery being limited to nominal damages.

Rule

Analysis

The court found that Mercer was a prevailing party despite receiving only nominal damages because her case established a significant legal precedent regarding Title IX and discrimination in sports. The district court's decision to award attorney fees was not an abuse of discretion, as the case served a public purpose and addressed an important legal issue. The court also noted that the amount of fees awarded was reasonable given the circumstances of the case.

The district court concluded that Mercer was entitled to attorney's fees in spite of the fact that her recovery had been reduced to the nominal damage award. The district court first reduced the total amount sought by Mercer's attorneys (more than $430,000) by three percent, a figure intended to approximate the amount of time Mercer's attorneys devoted to the ultimately unsuccessful damages aspect of the case. The district court then reduced the resulting amount by twenty percent, to reflect Mercer's limited degree of success, yielding a final attorney's fee award of $349,243.96.

Conclusion

The Court of Appeals affirmed the district court's decision to award attorney fees to Mercer, concluding that the award was not an abuse of discretion.

The district court did not abuse its discretion by determining that Mercer was entitled to an award of attorney's fees.

Who won?

Heather Sue Mercer prevailed in her Title IX discrimination action against Duke University. The court recognized that even though she only received nominal damages, her case was significant in establishing that schools cannot discriminate against women in contact sports once they are allowed to participate. This ruling not only benefited Mercer but also served a broader public interest by clarifying the application of Title IX in similar cases.

The court recognized that even though she only received nominal damages, her case was significant in establishing that schools cannot discriminate against women in contact sports once they are allowed to participate.

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