Also known as: prevailing parties
Written by attorneys · grounded in primary & secondary sources — see below
A litigant that obtains a favorable judgment or material relief on the merits of a claim.
Phoebe Park retained counsel under a contingent fee agreement to recover unpaid invoices from a supplier. After trial she recovered only a fraction of the claimed amount. The agreement had to disclose that she remained liable for certain expenses even though she qualified as the prevailing party on the central claim.
Piper Patel sued a state agency for civil rights violations and secured a consent judgment. The parties had previously agreed that the prevailing party would waive statutory attorney fees. The court enforced the waiver because Patel had obtained the relief she sought.
Pedro Pacheco prevailed on a section 1983 claim against a city for unconstitutional employment practices. The court awarded attorney fees against the municipality because the city was the entity whose policy caused the violation.
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Platinum Partners copied short clips from copyrighted films for a transformative documentary. When sued for infringement the studio lost on fair use grounds. The court designated Platinum Partners the prevailing party and awarded costs under the copyright statute.
Peak Performance defeated a patent infringement suit brought by a competitor. In a later action involving the same patent the court held that the earlier judgment precluded relitigation because Peak Performance had been the prevailing party on validity.
Preston Pratt requested a schedule change for religious observance and prevailed in his Title VII suit against his employer. The court awarded attorney fees because Pratt was the prevailing party on the accommodation claim.
A party must obtain some relief on the merits that materially alters the legal relationship between the parties. Success on procedural or preliminary matters alone is insufficient.
Recovery of nominal damages may confer prevailing-party status if it modifies the defendant's behavior in a way that directly benefits the plaintiff, but the court may still deny fees when the recovery is minimal compared with the relief sought.
Yes. A prevailing party may waive eligibility for fees by voluntary agreement, and courts enforce such waivers when they are knowing and voluntary.
Rule 54(d)(1) creates a presumption that costs other than attorney fees are awarded to the prevailing party unless a statute, rule, or court order provides otherwise.
Yes. The agreement must clearly state any expenses for which the client remains liable regardless of whether the client prevails.
…or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs."" [^maj-16]: "The owner of a copyright may authorize some copying and prohibit other copying. The Betamax, for example, could be used to copy protected works that the…