prevailing party provision

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More than 10.000 documents for prevailing party provision

- Recent Decisions- Primary and Secondary Education
Several recent Supreme Court decisions including constitutional claims and civil rights, students with disabilities, and torts for primary and secondary education, are presented. In Goldring v. District of Columbia, students sued school district to recover expert cost under IDEA fee-shifting provision, the Court held for the state that the prevailing party was not entitled to recover expert fees under IDEA fee-shifting provisions.
- Journal of Law and Education
- Vol. 35 Nbr. 2, April 2006
- Dearborn Ordered to Pay Legal Fees of Protesters
Michael Steinberg, legal director for the ACLU, said that in all civil rights cases, there is a provision that allows the prevailing party to petition for coverage of attorney's fees and court costs. The ACLU did so, now back in the original federal court. [Lawrence P. Zatkoff] reduced the ACLU's request for $122,000 in attorneys' fees and costs by about 25 percent. He ordered the city to pay $92,628 in attorneys' fees and $3,251 in court costs - capping the lawyers' hourly rates at $190 an hour.
- Arab American News, The
- August 06, 2009
- Ward v. Siebel Living Trust, (10th Cir. 2011)
... of whether the Trust or Ward was the prevailing party, and thereby entitled to recover reasonable ... fees and costs under a fee-shifting provision in the Listing Contract. Id. at 187. The fee-shift...
- Federal Circuits

- Arlington Central School Dist. Bd. of Ed. v. Murphy, 548 U. S. (2006)
... the proceedings, relying on an IDEA provision that permits a court to "award reasonable attorneyys' fees as part of the costs" to 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
- Proposals For Settlement-Practice Pointers For The Construction Attorney
... specify the amount attributable to each party.3 Recently, however, Rule 1.442 was amended to co... in the painful position of facing a "prevailing party" contractual provision, knowing the other si...
- Mondaq Business Briefing
- United States Law Articles in English
- Hardt v. Reliance Standard Life Ins. Co., 560 U. S. (2010)
... attorney’s fee and costs … to either party.” Granting the motion, the District Court applie... party” do not appear in the provision. Nor does anything else in §1132(g)(1)’s text p...
- U.S. 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... had eliminated the allegedly offensive provisions and that there was no indication that the West Vir...
- U.S. Supreme Court
- Astrue v. Ratliff, 560 U. S. (2010)
... alia, that “a court shall award to a prevailing party … fees and other expenses … in any civil... that subsection (d)(1)(B) and other provisions clearly distinguish the party who receives the fee...
- U.S. Supreme Court
- Scarborough v. Principi, 541 U.S. 401 (2004)
... the payment of attorney's fees to a prevailing party in an action against the United States absen... Edelman appear in separate statutory provisions, while EAJA's 30-day filing deadline and the conte...
- U.S. Supreme Court
- Interstate Power Systems, Inc. v. Drake Water Technologies, Inc., (10th Cir. 2011)
... under a contractual indemnification provision, we reverse and remand for further consideration b..., but declined to award damages to either party. . The district court entered a final judgment on ...' fees, arguing that it was the prevailing party in the litigation. DWT based its claim for f...
- Federal Circuits