Bookmark and Share



» Access to Courts and Court Remedies

» Campaign Finance and Election Laws

» Constitutional Rights and Requirements

» Health, Safety, and Environment

» Open Government and Open Courts

» Representing Consumers

» Workers' Rights

Currently Featured Topics

Government Transparency
Consumer Justice
First Amendment
Health, Safety and the Environment


Read about our work helping lawyers
with cases in the Supreme Court.


  Public Citizen | Litigation Cases ***Search other cases***

Sole v. Wyner

Topic(s): Attorney Fees
Citation: 179 F. App'x 566 (11th Cir. 2006)
Docket: 06-531



Preliminary Injunction Relief: Attorney's Fees

Public Citizen filed an amicus brief supporting respondents and arguing that plaintiffs who win a preliminary injunction should be entitled to attorney's fees. The petitioner in the case urged the Court to adopt a rule that a plaintiff who wins a preliminary injunction without a final judgment on the merits or analogous relief is never entitled to attorney's fees. The Supreme Court held that a plaintiff whose preliminary injunction is reversed, dissolved, or otherwise undone by the final decision in the same case is not a prevailing party entitled to attorney's fees. Because this ruling is explicitly limited to this narrow category of cases, it should not affect plaintiffs' eligibility for attorney's fees in the majority of preliminary injunction cases.

Questions Presented are:

  1. Whether the 11th Circuit decision in Wyner v. Struhs, 179 F. App'x 566 (11th Cir. 2006) is correct in holding that a preliminary injunction is relief on the merits, or whether the Fourth Circuit decision in Smyth v. Rivero, 282 F.2d 268 (4th Cir. 2002), is correct in holding that a preliminary injunction is not a ruling on the merits and thus cannot be the basis for prevailing party status?
  2. Whether the Eleventh Circuit was incorrect in affirming the district court's order finding that Respondents are prevailing parties where their request for permanent injunctive relief was denied, although at an abbreviated hearing Respondents were awarded interim relief?

View docket updates.

Copyright © 2017 Public Citizen. Some rights reserved. Non-commercial use of text and images in which Public Citizen holds the copyright is permitted, with attribution, under the terms and conditions of a Creative Commons License. This Web site is shared by Public Citizen Inc. and Public Citizen Foundation. Learn More about the distinction between these two components of Public Citizen.

Public Citizen, Inc. and Public Citizen Foundation


Together, two separate corporate entities called Public Citizen, Inc. and Public Citizen Foundation, Inc., form Public Citizen. Both entities are part of the same overall organization, and this Web site refers to the two organizations collectively as Public Citizen.

Although the work of the two components overlaps, some activities are done by one component and not the other. The primary distinction is with respect to lobbying activity. Public Citizen, Inc., an IRS § 501(c)(4) entity, lobbies Congress to advance Public Citizen’s mission of protecting public health and safety, advancing government transparency, and urging corporate accountability. Public Citizen Foundation, however, is an IRS § 501(c)(3) organization. Accordingly, its ability to engage in lobbying is limited by federal law, but it may receive donations that are tax-deductible by the contributor. Public Citizen Inc. does most of the lobbying activity discussed on the Public Citizen Web site. Public Citizen Foundation performs most of the litigation and education activities discussed on the Web site.

You may make a contribution to Public Citizen, Inc., Public Citizen Foundation, or both. Contributions to both organizations are used to support our public interest work. However, each Public Citizen component will use only the funds contributed directly to it to carry out the activities it conducts as part of Public Citizen’s mission. Only gifts to the Foundation are tax-deductible. Individuals who want to join Public Citizen should make a contribution to Public Citizen, Inc., which will not be tax deductible.


To become a member of Public Citizen, click here.
To become a member and make an additional tax-deductible donation to Public Citizen Foundation, click here.