prevailing party

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  • noun

Words related to prevailing party

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

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83) The objective was to narrow who qualifies as a prevailing party in order to "eliminate both attorney fees that penalize voluntary improvements in prison conditions and attorney fees incurred in litigating unsuccessful claims, regardless of whether they are related to meritorious claims.
Under the statute, a prevailing party can recover costs for "making copies.
The prevailing party in Waverly successfully argued to the trial court, and on appeal, that denying "fees for fees" would have been unfaithful to the parties' unambiguous (contractual) intent that the prevailing party in "any litigation" arising under the contract would be made whole by recovering all fees reasonably expended in the litigation.
A further limitation exists with respect to the finding of jurisdiction under Section 285: a party must be a prevailing party in order to invoke its jurisdiction.
In Buckhannon, the Supreme Court rejected the "catalyst theory" as a basis for finding prevailing party status and awarding attorneys' fees under the Federal Housing Amendments Act (42 U.
5) This article discusses when a prevailing party can be a sore winner on appeal, specifically addressing the "aggrievement" requirement, and the circumstances under which a prevailing party can assert alleged errors below that "necessarily affect" the final judgment.
Rarely have I seen a civil case where it is so one-sided that anyone could pick the prevailing party.
Courts are usually given discretion to award fees and costs to the prevailing party.
In June 2009, with the issuance of Chief Counsel Notice CC-2009-018, the IRS chief counsel updated internal procedures relating to awarding payment of representation and litigation costs awards where a taxpayer is the prevailing party in any court proceeding that determines tax or penalties under Sec.
6 million and awarding MNB attorneys' fees as the prevailing party.
The prevailing party in such a suit would be entitled to recover legal fees and costs.
Griffin, as the prevailing party in bringing about a change in the law, should be rewarded for her efforts.
The reviewing court must consider all evidence favoring the prevailing party as true and is not at liberty to determine the credibility or weight that should be given to the evidence.
the "Act") to permit an award of costs (such as expert witnesses), in addition to reasonable attorney fees, to the prevailing party if a claim of misappropriation is made in bad faith, or a motion to terminate an injunction is made or resisted in bad faith.