Prevailing plaintiffs recover fees as a matter of course, while prevailing defendants recover only where the action was frivolous, unreasonable, or without foundation. The lodestar method governs calculation.
Nominal damages may support prevailing party status.
Alternative Names:
Civil Rights Attorney Fees|Section 1988
Why it Matters?
The asymmetric standard means defendants rarely recover fees even after complete victory, since frivolousness is a demanding showing that an unsuccessful but colorable claim does not meet. Plaintiff fee exposure frequently exceeds the damages at issue, which shapes settlement economics fundamentally. Offers of judgment can cut off post-offer fees, which is one of the few tools limiting the exposure.
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Frequently asked questions
Can prevailing defendants recover fees?
What tool limits plaintiff fee exposure?
