National Rifle Association of America, Inc. v. City of Chicago, Ill.

Dist. Ct. erred in finding that plaintiffs in action alleging that defendants' ordinances banning possession of handguns violated Second Amendment were not entitled to attorney fees as prevailing parties in said action since defendants had repealed said ordinances after Supreme Ct. had found in McDonald v. Chicago, 130 SCt 3020, that Second Amendment applied to states' and municipalities' ordinances, but before Dist. Ct. could enter final judgment granting relief to instant plaintiffs. While Dist. Ct. found that plaintiffs were not entitled to attorney fees because it had dismissed as moot instant lawsuit based upon defendants' repeal of their ordinances, instant plaintiffs were prevailing parties under Buckhannon, 532 US 598 for purposes of award of attorney fees since: (1) Supreme Ct. had entered judgment in their favor; and (2) litigants, like defendants, who either surrender their position or settle case after unfavorable judgment are not entitled to vacatur of said judgment.