The Prevailing Winds After Buckhannon

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The U.S. Supreme Court, in 2001's Buckhannon Board and Care Home Inc., rejected the "catalyst theory" for determining whether a party prevails in an attorney-fee motion. The lower courts, in applying Buckhannon to most of the fee-shifting statutes that they are considering, have been taking various approaches to determining what constitutes a "prevailing party." Attorneys who plan to seek fees for their work should pay close attention to developments in this fast-breaking area.

By Gill Deford From September - October 2002