Trista Jones v. RK Enterprises of Blytheville, et al


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED) [4483998] [16-1999]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1999 ___________________________ Trista Jones lllllllllllllllllllll Plaintiff - Appellant v. RK Enterprises of Blytheville, Inc.; Jahid Rahman; Mahmuda Rahman lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________ Submitted: December 22, 2016 Filed: December 28, 2016 [Unpublished] ____________ Before SMITH, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. In this appeal following a remand, see Trista Jones v. RK Enterprises of Blytheville, Inc., 632 Fed. Appx. 306 (8th Cir. 2016) (unpublished per curiam), Trista Appellate Case: 16-1999 Page: 1 Date Filed: 12/28/2016 Entry ID: 4483998 Jones appeals from an order of the district court1 granting a reduced award of attorney’s fees. We conclude the district court properly determined the attorney’s fee award in accordance with the lodestar approach and Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1983). We also conclude the court was within its discretion in reducing the award based on the limited success achieved. See H.J. Inc. v. Flygt Corp., 925 F.2d 257, 260-61 (8th Cir. 1991). Finally, Jones is not entitled to fees for this appeal as she is not a prevailing party. Cf. 8th Cir. R. 47C. The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas. -2- Appellate Case: 16-1999 Page: 2 Date Filed: 12/28/2016 Entry ID: 4483998

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