prevailing party


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Words related to prevailing party

the party in a lawsuit who obtains a judgment in their own favor

References in periodicals archive ?
The Second District began its analysis by noting from a case two decades earlier that "the fees of a prevailing party cannot be predicated upon the fees of one's opponent.
In other words, when it can be proven that no reasonable plaintiff or defendant would, respectively, bring or defend the case, then the prevailing party can recover costs.
She noted several cases that support her agreement with the Secretary that Cactus Canyon was not a prevailing party within the meaning of EAJA.
Prior to this decision, a prevailing party could easily shut down a competitor's business even if the competitor had not acted in bad faith.
If an adverse judgment is entered against an insured, the prevailing party will want to execute on the judgment to be paid right away with either the insured's own assets or insurance limits.
The order under review is awarding prevailing party attorneys' fees," he said.
Under the so-called "catalyst theory" of fee shifting, a plaintiff could "obtain prevailing party status and therefore trigger statutory fee shifting if the suit is the 'catalyst' for action by the defendant that moots the suit.
In situations where the broker is able to get a written brokerage contract, the term direct and proximate link should be defined as well as provisions providing the forum for any dispute, the jurisdiction and law to apply and whether attorneys' fees are recoverable to the prevailing party.
A litigant should understand how the presiding court will treat a relevant foreign prevailing party fee statute since its applicability can have serious effects on the outcome of the litigation, especially for those litigants accustomed to the "American" rule where each party bears its own attorneys' fees.
33) Even winning on "some but not all issues" would entitle a plaintiff to full fees, so long as Alaska law indicated she was the prevailing party in the suit.
It would heighten the pleading requirement for patent cases, make it easier for the prevailing party in a patent litigation to receive its fees, limit the scope of discovery, require the patentee to identify the "real party in interest," suspend litigation against customers, and alter certain aspects of the aforementioned America Invents Act.
95% of cases in which no defense was offered on the merits and report summary statistics that exclude cases with no fee awards to the prevailing party and cases in which the losing party may have received a fee.
As the prevailing party, Gallo sought to recover its e-discovery costs and filed a bill for $111,047.
265) Section 285 governs the fee shifting provisions of Title 35 and allows the court, in exceptional cases, to award "reasonable attorney fees to the prevailing party.
More importantly, the August decision awarded attorney's fees to GSU as the prevailing party in the lawsuit.