Prevailing party

District Court (Judge Michael Ponsor) ordered substantial attorneys fees award for settlement in brain injury class action on February 8, 2010.  The District Court decision interpreted the First Circuit's Aronov v. Napolitano holding, and concluded that the settlement agreement, in…

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…

cert. granted and judgment vacated 507 U.S. 956, 113 S.Ct. 1378, 122 L.Ed.2d 754 (1993). Prevailing party status is appropriate where claimant established a significant procedural due process deprivation and obtained an enforceable nominal damage award. Court applies de novo, rather than abuse of…

Absent an express indication to the contrary, a district court may retain jurisdiction pending a fourth sentence remand and thereafter render final judgment for EAJA purposes. Overruled by Shalala v. Schaefer 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed. 239 (1993) (Once a district court remands a case…

EAJA fees denied because Plaintiff did not meet definition of prevailing party. Plaintiff's success on remand pursuant to Reform Act of 1984 was not a litigatory success, nor was it a catalyst to the passage of legislation to the passage of legislation changing the standard. The Court rejected…