There can be no disputing that in decisions rendered in Florida and elsewhere, trial courts take into consideration the attorneys' fees paid by a nonprevailing party in determining the reasonableness of the fees sought by a prevailing party
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.
In addition, a prevailing party
may be entitled to post-judgment interest, which will be at a higher rate than what is commercially reasonable and will accrue throughout the appeal.
Only a plaintiff who secures a judgment on the merits or a court-ordered consent decree is a prevailing party
This article provides an outline summarizing the pleading and procedural requirements for the recovery of attorneys' fees pursuant to a foreign prevailing party
attorneys' fee statute.
38) the Alaska Supreme Court held that it was manifestly unreasonable to award full attorneys' fees to a prevailing party
automatically, unless the losing claim or defense had been brought in bad faith.
Currently, it is somewhat rare for the prevailing party
to actually seek fees.
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.