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The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
The Effects Of Hensley V. Eckerhart On The Award Of Attorney's Fees, E. Wayne Powell
Fordham Urban Law Journal
The traditional "American Rule" regarding attorney fees did not allow for prevailing parties to collect attorney's fees from the unsuccessful party. In response to the Supreme Court's decision in Alyeska v. Wilderness Society, which reaffirmed the American Rule and its limited exceptions, Congress passed the Civil Rights Attorneys Fees Award Act of 1976. In its wake, courts began awarding attorneys fees to prevailing parties. The Supreme Court's decision in Hensley v. Eckerhart, focused on the correlation between the degree of success of prevailing plaintiffs and the amount of the attorney's fees awarded. This Article discusses the effects on fee awards …