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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
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.

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