42 U.S.C. § 11113 — Payment of reasonable attorneys’ fees and costs in defense of suit
submitted 40 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 116 words · no verdicts yet
When a defendant meets the professional-review standards and substantially wins, the court must award litigation costs for a qualifying claim that was frivolous, unreasonable, baseless, or pursued in bad faith. The award can include a reasonable attorney fee.
In a suit against a defendant, if the defendant met section 11112(a)’s standards and substantially prevailed, the court must, at the end of the case, award the substantially prevailing defendant the costs attributable to a claim, including a reasonable attorney fee, when the claim or the claimant’s conduct in litigating it was frivolous, unreasonable, without foundation, or in bad faith. The defendant is not considered to have substantially prevailed if the plaintiff receives damages or permanent injunctive or declaratory relief.
In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.
Source credit: (Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)
- 1986Enacted · Pub. L. 99-660 · 100 Stat. 3787
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1986-11-14.
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