This Note examines the definition of “prevailing party” as defined by the Supreme Court’s majority in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources where the case resulted in something short of a judgment on the merits. Part II provides a historical background of fee-shifting statutes, the development of fee-shifting in the United States, and the expansion of the catalyst theory by the district courts for prevailing parties under feeshifting statutes. Part III provides a statement of the facts, including the procedural history and the Supreme Court’s decision in Buckhannon. Finally, Part IV analyzes the impact of the Supreme Court’s definition of “prevailing party” on fee-shifting statutes and their litigants.
"Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources: to the Prevailing Party Goes the Spoils . . . and the Attorney's Fee!,"
Akron Law Review: Vol. 36:
2, Article 5.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol36/iss2/5