They also filed a counterclaim for
prevailing party attorney fees under Code 55-515.
Therefore moving to the substance of the appeal, Ponsor determined that Sinapi was not a "
prevailing party" under the ADA for purposes of attorneys' fees.
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.
This "
prevailing party" language was once a great boon for plaintiffs.
In situations where the broker is able to get a written brokerage contract, the term direct and proximate link should be defined as well as provisions providing the forum for any dispute, the jurisdiction and law to apply and whether attorneys' fees are recoverable to the
prevailing party.
This is true with respect to the treatment of foreign "
prevailing party fee statutes," which varies greatly across the American federal and state courts.
(4) While other states use the so-called "American Rule," where each party pays its own way independently, (5) Alaska uses a variant of the "English Rule." (6) Jurisdictions using the English Rule make the losing party responsible for all or a part of the
prevailing party's attorneys' fees.
For purposes of summarizing fee amounts, we exclude the 2.95% 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.
It would heighten the pleading requirement for patent cases, make it easier for the
prevailing party in a patent litigation to receive its fees, limit the scope of discovery, require the patentee to identify the "real party in interest," suspend litigation against customers, and alter certain aspects of the aforementioned America Invents Act.
As the
prevailing party, Gallo sought to recover its e-discovery costs and filed a bill for $111,047.75.
