Buckhannon V. W.VA Dept. of Health & Human Resources


Court holds that the catalyst theory is not a permissible basis for an award of attorneys fees under the Fair Housing Act and the ADA. Instead, to be a "prevailing party," a party must have secured a judgement on the merits or a court ordered consent decree. This decision will affect attorneys fees petitions the Equal Access to Justice Act, which uses prevailing party status in determining entitlement to attorneys fees.