Whether the successful appeal of a final judgment by a 'closely interwoven' co-defendant equitably relieves a non-appealing defendant of the preclusive effects of that adverse final judgment

QUESTIONS PRESENTED 1. Whether the successful appeal of a final judgment by a “closely interwoven” co-defendant equitably relieves a non-appealing defendant of the preclusive effects of that adverse final judgment. 2. Whether an appellate court’s rejection of a prevailing plaintiffs “key legal argument” supporting the plaintiffs final judgment constitutes a “special circumstance” justifying the denial of an attorney’s fee award under 42 U.S.C. § 1988(b) from a non-appealing defendant who remains bound by the judgment. 3. Whether Sole v. Wyner overrides the principles of res judicata recognized in Federated Department Stores v. Moitie.