Prevailing Party

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Prevailing Party

The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict.

prevailing party

n. the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust, or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Even if the plaintiff gets much less than the claim, he/she/it is the prevailing party entitled to include attorney's fees in the collectable costs. Usually there is no prevailing party when a complaint is voluntarily dismissed prior to trial or settlement before or after trial has begun.

References in periodicals archive ?
The court reiterated that even a party that is only awarded nominal damages is nevertheless considered a prevailing party for purposes of the statute, and despite the fact that the plaintiffs damages were limited, he was nevertheless a prevailing party because he succeeded on multiple claims of his lawsuit.
a prevailing party may recover costs associated with copying or duplicating its files, but it may not receive reimbursement for any other ESI-related expenses.
Other exceptions to Palma's rule precluding "fees for fees" exist, but the "contract" exception recognized in Waverly will likely be widely applicable, since many contracts contain a prevailing party fee provision.
28) The court explained that to be a prevailing party one does not have to gain a final judgment following a full trial on the merits; rather it is enough that a suit is a causal, necessary, or substantial factor in obtaining the requested result.
Castiglione, A Prevailing Party Can Still Be a "Sore" Winner on Appeal Under CPLR 5501(a)(1); Raising Alternative Arguments That Necessarily Affect the Final Judgment to Ensure Winning on Appeal, 74 ALB.
If the taxpayer is held to be the prevailing party in a subsequent court proceeding and is held liable to pay an amount equal to or less than the qualified offer amount, the federal government must pay the taxpayer's reasonable litigation fees.
Under IRC section 7430 (c)(4), a taxpayer who is the prevailing party can recover reasonable litigation costs.
that could be awarded to a prevailing party and that Rule 68
Ultimately, the prevailing party in the dispute should be the one whose premises and conclusions are most plausible based on the facts presented to the decision maker.
The appeals court held that the prisoner was the prevailing party within the meaning of [section] 1988 and the prisoner, who prevailed on appeal, was entitled to attorney fees for the appellate work under the Prison Litigation Reform Act (PLRA).
Under EAJA, a prevailing party is entitled to an award of fees and other expenses incurred in a civil action brought by or against the United States, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.