A plaintiff establishing a violation without provable damages may recover a nominal sum, typically one dollar. Uzuegbunam held that a nominal damages claim prevents mootness and supports prevailing party status.
Fee awards may follow nominal recovery.
Alternative Names:
Nominal Damages|Symbolic Damages
Why it Matters?
Uzuegbunam prevents mooting a case by ceasing the challenged conduct where nominal damages were requested, which forecloses the strategy of voluntary cessation to avoid adjudication and means policy changes made during litigation do not end the case. Nominal recovery also supports prevailing party status for fees, though Farrar counsels that a low award may justify a reduced or zero fee where the litigation achieved little.
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Frequently asked questions
What did Uzuegbunam establish?
Do fees follow nominal recovery?
