Also known as: successful parties · prevailing party
Written by attorneys · grounded in primary & secondary sources — see below
A litigant who obtains a favorable judgment or the relief sought in an action. The designation determines entitlement to costs, fees, or enforcement rights under applicable rules and statutes.
Stephen Shaw retained counsel on a contingent basis to pursue a contract claim against Synergy Systems. After the firm obtained a settlement, counsel prepared the required closing statement showing the remittance and fee calculation. Because Shaw was the successful party, the agreement permitted the lawyer to deduct the contingent percentage and expenses from the recovery.
Scott Summers sued his employer alleging failure to accommodate his religious observance. The court ruled that the requested schedule change would impose undue hardship. Summers was not the successful party, so the employer avoided liability and any fee shifting.
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Samantha Stone prevailed in arbitration against Sterling Dynamics on a contract claim. She filed the award in district court and moved for confirmation. As the successful party, Stone obtained a judgment with the same force as a court decree.
Sydney Santos prevailed on several civil rights claims but lost on others. Her counsel filed a fee petition under the governing statute. The court awarded fees only for the work on the claims where Santos was the successful party.
Simon Stern sued a competitor after losing an earlier patent validity challenge. The prior judgment had declared the patent invalid. Because the earlier opponent was the successful party, the invalidity finding bound Stern in the new action.
Selena Singh sued a manufacturing plant for Clean Water Act violations. The district court entered an injunction and awarded costs. Singh remained the successful party on appeal, preserving her right to enforce the decree despite the plant's compliance efforts.
A court looks to whether the litigant obtained the relief sought or a favorable judgment on the merits. Partial success may still qualify a party as successful on the claims where relief was granted.
Yes. When a contingent fee agreement or cost statute applies, a settlement that produces recovery for the client makes that client the successful party entitled to the agreed fee structure.
No. The American rule requires each party to bear its own fees unless a statute, rule, or contract authorizes shifting fees to the successful party.
The court examines the net relief obtained by each side. Only the party that prevailed on the central claims or obtained the primary relief qualifies as the successful party for cost or fee purposes.
…of fees, costs, or security. "(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. "(c) In the case of an…