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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.
Fantasy pointed out that the Court had interpreted identical language in Title VII of the Civil Rights Act of 1964, governing discrimination cases, as authorizing such awards to prevailing plaintiffs as a matter of course, but to prevailing defendants only where the suit was frivolous or brought in bad faith. But the Court rejected the analogy ...
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 ...
Negotiation often enables the transferee to become the party to the contract through a contract assignment (provided for explicitly or by operation of law) and to enforce the contract in the transferee-assignee’s own name. Negotiation can be effected by endorsement and delivery (order instruments), or by delivery alone (bearer instruments).
Superior Court of California (1990) ended up with such unusual names. In Michigan law, the real-party-in-interest rule recognizes that litigation should be begun only by a party having an interest that will [ensure] sincere and vigorous advocacy. [1] When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust.
For example, as enacted in California, the Civil Code contains a definition of consideration, [4] a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, [ 5 ] [ 6 ] which is a feature unique to ...