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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!, Robin Stanley

Akron Law Review

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 …