Skip to main content
ClearingHouse Community
Part of the Sargent Shriver National Center on Poverty Law
Menu ≡

The Prevailing Winds After Buckhannon

By Gill Deford

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.

Download this article
↑ Go up to the top.