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 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.
83) Tables 2 and 3 indicate that the prevailing party, case category, and district are all associated with fee denials.
Under the statute, a prevailing party can recover costs for "making copies.
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.
As the prevailing party in the initial case, Google was able to seek recovery of costs.
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.
49 for damages in recognition that NDS were found sole prevailing party and vindicated of all allegations of piracy.