Award of Costs to Prevailing Party

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More than 10.000 documents for Award of Costs to Prevailing Party

- 15 USC 4304 - Sec. 4304. Award of costs, including attorney's fees, to substantially prevailing party; offset
- U.S. Code - Title 15: Commerce and Trade
- Jackson v. Sunforest OB-GYN Assoc. Inc., (Ohio 2008)
Trial court's decision to award cost of depositions as "costs" to the prevailing party was not contrary to law.
- Ohio Supreme Court
- Recent Decisions- Supreme Court Decisions
Parents of a disabled child prevailed in a suit filed under the Individuals with Disabilities Education Act (IDEA) and sought to recover the costs of expert witnesses under the IDEA fee shifting provision. Here the court looked to the language of the IDEA (sec. 1415) which states that "in any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party." Parents of an elementary school student sued the school district claiming that the school violated the Establishment Clause and their child's First Amendment rights when they censored one of his assignments. The court ruled that the there was no Establishment Clause violation as the schoo...
- Journal of Law and Education
- Vol. 35 Nbr. 4, October 2006

- Push to Re-Examine 'Right-to-Know' Was Spurred by 2005 Late-Night Legislative Pay-Raise Scandal
The new law creates a presumption, of access to government documents, broadens the scope of the law to include certain legislative and judicial records and places the burden of proof on the government agency to prove a record is not public by showing that it falls within one of 30 exceptions. "Penalties will be more severe in that, if a court reverses a determination from the Office of Open Records, that court can award legal fees and costs to the prevailing party, which is different," says Atty. Michael Kostelansky, associate with Cardoni & Associates, Kingston, who has represented municipalities for nearly 20 years.
- Northeast Pennsylvania Business Journal
- Vol. 23 Nbr. 6, May 2008
- Maynard v. Eaton Corp., (Ohio 2007)
Trial court erred in failing to award Appellant reasonable attorney fees. Trial court erred in failing to direct Appellee to pay the correct amount of post-judgment interest. Trial court erred in failing to award costs to Appellant as the prevailing party. Trial court did not err or abuse its discretion in denying Appellant's motion for pre-judgment interest. Accordingly, the judgment of the Marion County Court of Common Pleas is affirmed in part, reversed in part, and the cause remanded for further proceedings consistent with this opinion.
- Ohio Supreme Court
- John G. Goettee, Jr., and Marian Goettee, Petitioners V. Commissioner of Internal Revenue, Respondent*
In the Goettee v. Commr. case, the petitioners claimed investment credits and losses arising out of a partnership in which they held a limited interest. By notice of deficiency, the IRS disallowed these claimed credits and losses. The petitioners accepted a settlement offer from the IRS and paid all deficiencies and additions reflected in the entered decision. They requested abatement of interest on these amounts. The Tax Court held that petitioners have not substantially prevailed with respect to the most significant issue or set of issues presented, nor have they substantially prevailed with respect to the amount in controversy. Consequently, the petitioners were not the prevailing party and were not entitled to an award of reasonable litigation costs.
- United States. Tax Court. Reports
- Vol. 124 Nbr. 5/6, May 2005
- Arlington Central School Dist. Bd. of Ed. v. Murphy, 548 U. S. (2006)
... an IDEA provision that permits a court to "award reasonable attorneys' fees as part of the costs" tto prevailing parents, 20 U. S. C. §1415(i)(3)(B). The District... court to award expert fees to a prevailing party. 482 U. S., at 102. The Second Circuit misundersto...
- U.S. Supreme Court
- KOUICHI TANIGUCHI V. KAN PACIFIC SAIPAN, LTD., (9th Cir. 2011)
... favor of Kan Pacific, the district court awarded costs to Kan Pacific for translation services incu... must be "prosecuted in the name of the real party in interest." Fed. R. Civ. P. 17(a). . However, th..., Taniguchi's reasoning punishes a prevailing party for being insured and violates the provision...
- Federal Circuits
- New York Tax Insights - May 2011.
... to Assessment Does Not Entitle Taxpayers to Award of Costs . In a decision illustrating how high the..., which allows an award of costs to a prevailing party in certain cases, unless the Department esta...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994)
...award a reasonable attorney's fee to the prevailing partty as part of the costs." The Court of Appeals affirmed, declining to aban... reasonable attorney's fee to the prevailing party as part of the costs." 1 The question presented in...
- U.S. Supreme Court