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Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra

Seventh Circuit Review

According to the “American rule,” litigants must bear their own litigation costs, including attorneys’ fees, absent statutory authorization allowing otherwise. With the emergence of fee-shifting provisions in various statutes, particularly in the area of civil rights, a court may award a prevailing party its attorneys’ fees and other costs. Deciding whether a party prevailed for purposes of a fee-shifting statute, however, requires courts to engage in an analysis of the benefit the plaintiff has received from his judgment. Recently, in Karraker v. Rent-A-Center, the Seventh Circuit held that a plaintiff class prevailed for purposes of the American with Disabilities …