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Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U.S. 598 (2001), was a United States Supreme Court case in which the Court held that an award of attorneys fee to a "prevailing party" must be to a party that has received a judgment on the merits or a court-ordered consent decree.
a showing that the applicant is a "prevailing party" a showing that the applicant is "eligible to receive an award" a limit on the net worth of the party (see Net worth) an allegation that "the position of the United States was not substantially justified" (see Substantial Justification and Special Circumstances and Scarborough v.
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...
It provides that each party is responsible for paying its own attorney's fees, [1] [2] unless specific authority granted by statute or contract allows the assessment of those fees against the other party. In other parts of the world, the English rule is used, under which the losing party pays the prevailing party's attorneys' fees.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
An automatic renewal clause is used in the insurance and healthcare industries . An automatic renewal clause (also referred to as an evergreen clause), is activated towards the end of the contractual period whereby it automatically renews the terms of an agreement except when the contract is terminated (through mutual agreement or contract breach), or one of the contracting parties has sent a ...
An enacting clause may be preceded by an explanatory preamble of "whereas" clauses, e.g. for the Chequers Estate Act 1917. [65] Until the 19th century each later section of an act repeated an abbreviated version of the formula used in the first section, typically "and be it further enacted by the authority aforesaid".
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. [1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy . [ 2 ]