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Flowers v. Southern Regional Physician Services, Inc.

Because the court vacated the awarding of $100,000 and remanded to the district court to enter a judgment of nominal damages in the amount of $1, that part of the judgment that formed the basis of the granting of attorney fees was vacated and Federal Rule of Civil Procedure 60(b)(5) was appropriate.

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Appeal from the United States District Court For the Middle District of Louisiana

Appellant Sandra Spragis Flowers won a jury verdict of $100,000 in damages for harassment under the Americans with Disabilities Act from Appellee Southern Regional Physicians Services, Inc. (“Southern”). Southern appealed the damages award. While the appeal was pending, Flowers filed a motion for attorney’s fees, which was granted by the district court. Subsequent to the awarding of attorney’s fees, this Court vacated the damage award of $100,000 and remanded so that nominal damages of $1.00 could be awarded. Southern then filed a motion for relief from judgment pursuant to Federal Rules of Civil Procedure 60(b) so that they would not have to pay attorney’s fees. The district court granted the motion and Flowers now appeals.

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