It would shock the conscience to find the Hussains created a private nuisance and order them to pay $2,190.96 damages to the Swahns, but because they were the prevailing party
on the public nuisance count, permit them to collect $118,264.84 in attorney fees from the Swahns."
Appellant insurer challenged the District Court's determination that respondent was the sole prevailing party
in a suit for underinsured motorist coverage (UIM) and no-fault benefits, arguing that the District Court abused its discretion when it based its prevailing-party determination solely on respondent's monetary award of $242 in no-fault benefits, and when it failed to take into account appellant's complete success on the UIM claim and the overall relative success of the parties to the lawsuit.
Siddique challenges the trial court's determinations that pursuant to the WEAJA he was not a prevailing party
and that the Board was substantially justified in taking its position.
To avoid this economic bar to court access, many contracts contain a prevailing party
attorney's fee clause that requires the loser to pay the winner's attorney's fees in addition to any principal damages.
Sinapi, although successful in receiving an 11th-hour temporary restraining order granting the accommodations he sought, was not a "prevailing party
" so as to shift fees under the Americans with Disabilities Act.
The Chief Justice also said that the alimony fund began its work in August last year to preserve the rights of women and children, pointing out that the electronic family card was issued to enable the prevailing party
, most of them women, to collect the amounts ordered through ATMs.
The commission also submitted written comments critical of some of the proposed changes, including a presumptive entitlement to costs for the prevailing party
in the case.
"USIC was a prevailing party
in this case, having been found 0% liable by the jury," the court said.
The statute in question, General Statute 6-19.1, reads, in part: "In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, unless the prevailing party
is the State, the court may, in its discretion, allow the prevailing party
to recover reasonable attorneys fees ."
Accordingly, the husband, as prevailing party
on this appeal, is awarded the remaining embryo, by only for the purpose of ensuring that NHF disposes of the embryo as provided in the Consent Agreement."<br />Sara Stout Ashcraft is a partner in Ashcraft Franklin & Young, LLP.
As the prevailing party
, 3D Systems will now move for recovery of its fees and costs.