prevailing party definition

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9.907 documents for prevailing party definition

- J.B.H. Properties, Inc. v. N.E.S. Corp., (Ohio 2007)
PREJUDGMENT INTEREST/ATTY FEES - parties may contract to shift attorney fees; to be a substantially prevailing party in an action, a party must meet the definition of a prevailing party.
- Ohio Supreme Court
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U.S. 598 (2001)
... requested attorney's fees as the "prevailing party" under the FHAA and ADA, basing their entitl... as satisfaction with widely accepted definitions, not as a departure from them." Morissette v. U...
- U.S. Supreme Court
- NDS Receives Full Payment of Damages from EchoStar.
... recognition that NDS were found sole prevailing party and vindicated of all allegations of piracy.... that EchoStar fails to meet the legal definition of a prevailing party on any of its claims.". * In...
- Business Wire
- March 19, 2012

- Texas State Teachers Assn. v. Garland Independent School Dist., 489 U.S. 782 (1989)
... Court held that petitioners were not "prevailing parties" within the meaning of 1988 and thus were ... Circuit precedent, the test for prevailing party status was whether the plaintiff prevailed on the ..., and because of the importance of the definition of the term "prevailing party" to the application ...
- U.S. Supreme Court
- USA v. Certain Land, (6th Cir. 2011)
... Bridge Company was not the prevailing party and, therefore, is not entitled to recover f.... This definition provides that the prevailing party is the one who ...
- Federal Circuits
- P.N., Parent of T.N., a Minor, Plaintiff-Appellant, v. Seattle School District, No. 1, Defendant-Appellee., 458 F.3d 983 (9th Cir. 2006)
...was not a prevailing party, and thus, not entitled to attorneys' fees u... by our sister circuits, that (a) the definition of "prevailing party" set forth by the Supreme Cou...
- Federal Circuits
- Kansas Judicial Watch v. Mike Stout, (10th Cir. 2011)
... decide whether Appellants qualify as "prevailing parties" entitled to attorney's fees under 42U.S.C... preliminary injunction conferred prevailing-party status on Appellants. Accordingly, we REVERSE the ...2006) (applying Buckhannon's definition of "prevailing party" in a § 1988 case). ...
- Federal Circuits
- Estate of Antonio J. Palumbo D v. USA, (3rd Cir. 2012)
...§ 7430 ("§ 7430") both as a "prevailing party," which would entitle it to full recovery, a.... The definition section of § 7430 sets forth the criteria for det...
- Federal Circuits
- Doherty v. Thompson, (2nd Cir. 2011)
... in a document filed with this court, a party. must cite either the Federal Appendix or an elect... determined that Doherty was not a "prevailing party" under the EAJA as determined by the Supreme..., [Doherty] clearly does not fit the definition of a 'prevailing party' . . . and is therefore ine...
- Federal Circuits
- Farrar v. Hobby, 506 U.S. 103 (1992)
... the ground that petitioners were not prevailing parties eligible for fees under § 1988. Held:. 1.... who wins nominal damages is a prevailing party under § 1988. A plaintiff "prevails" when actual ...We have elaborated on the definition of prevailing party in three recent cases. In Hewi...
- U.S. Supreme Court