¶1Deborah Ann Pearce, Law Offices of Deborah Pearce, New Orleans, LA, Randall Earl Hart, Broussard & Hart, L.L.C., Lake Charles, LA, E. Joshua Rosenkranz, Orrick, Herrington & Sutcliffe, L.L.P., New York City, for Plaintiff-Appellant.
¶2Christopher Paul Ieyoub, Plauche, Smith & Nieset, L.L.C., Lake Charles, LA, John Mark Miller, Joseph Bath Stamey, Stamey & Miller, L.L.C., Natchitoches, LA, for Defendants-Appellees.
¶3Before REAVLEY, CLEMENT and SOUTHWICK, Circuit Judges.
¶5This court’s judgment at 594 F.3d 423, holding that attorney’s fees for defense of Fox’s frivolous claim were recoverable because they could not be separated from fees for defense of the continuing state claim, has been vacated by the Supreme Court, holding that the defendant may receive only the fees that would not have been paid but for the frivolous claim. Those fees that the defendant would have incurred to defend against the continuing state claim may not be recovered under 42 U.S.C. § 1988. Fox v. Vice, — U.S.-, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011).
¶6Consequently, the district court’s judgment is reversed and the case is remanded to the district court for reconsideration.
¶7REVERSED AND REMANDED.