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It provides that each party is responsible for paying its own attorney's fees, [1] [2] unless specific authority granted by statute or contract allows the assessment of those fees against the other party. In other parts of the world, the English rule is used, under which the losing party pays the prevailing party's attorneys' fees.
28 U. S. C. §2412 provides that the agency shall pay attorney fees of a prevailing party in a court case against the agency, unless the court finds that the agency position was substantially justified. Each is subject to multiple conditions. Section 2412(d)(1) for court fees requires:
The Civil Rights Attorney's Fees Award Act of 1976 is a law of the United States codified in 42 U.S.C. § 1988(b). It is often referred to as "Section 1988." It allows a Federal court to award reasonable attorney's fees to a prevailing party in certain civil rights cases.
In the United States the "American rule" is generally followed, each party bearing its own expense of litigation. However, 35 U.S.C. § 285 provides that in patent cases, the losing party may have to pay attorney fees of the winning party if the case is deemed "exceptional."
Attorney's fee is a chiefly United States term for compensation for legal services performed by an ... There are many ways of calculating prevailing-party attorney ...
The loser pays principle does not apply under the United States legal system unless there is a specific statute awarding fees to the prevailing party. [2] Alternatively, the contract between the parties may provide that the prevailing party is entitled to recover attorney's fees from the losing party.
Federal district court and Court of Appeals judges award costs to the prevailing party under Federal Rules of Civil Procedure. [7] Generally, U.S. state court judges have no common law right to award such fees against the losing party. It has been suggested that the American rule contributes to making the U.S. a litigious society.
Open Book on Equal Access to Justice Act; Long title: To amend titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party, and for other purposes.