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 ?
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.