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Prevailing Party |
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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. |
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Under IRC section 7430 (c)(4), a taxpayer who is the prevailing party can recover reasonable litigation costs. 825 (2002), the 4th Circuit appeared to adopt a per se rule that a preliminary injunction can never be "an enforceable judgment on the merits or something akin to one for prevailing party purposes. 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). |
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Prevailing Party
