The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 15, 2008:

• Abner v. Kansas City Southern Railway Co. (Higginbotham, Stewart, Southwick, JJ.; opinion by Higginbotham, J.) (appeal from W.D. La.). Plaintiffs brought an employment discrimination lawsuit against defendants. After the first trial ended in a mistrial, plaintiffs were successful (in part) at the second trial, achieving a judgment affirmed by the Fifth Circuit. The plaintiffs then brought a motion for attorneys’ fees under Fed. R. Civ. P. 54(d)(2); the district court allowed certain fees and costs related to the first trial of the matter. On appeal of the attorneys’ fees award, the Fifth Circuit held that “the question of whether a party ‘prevailed’ and whether a fee award is ‘reasonable’ is not one to parse too thinly - whether by individual claim or the number of trials required to reach a result.” The court then held accordingly that the district court did not abuse its discretion in reaching the attorneys’ fee award.