American rule

American rule
The traditional "American Rule" is that attorney fees are not awardable to the winning party (i.e. each litigant must pay his own attorney fees) unless statutorily or contractually authorized; however exceptions exist in that an award may be made to successful party if the opponent has acted in bad faith, vexatiously, wantonly or for oppressive reasons or if the litigation confers a substantial benefit on the members of an ascertainable class and the court's subject matter jurisdiction makes possible an award that will operate to spread the costs proportionately among them. Huecker v. Milburn, C.A.Ky., 538 F.2d 1241, 1245.
In addition a court may in its discretion award attorney fees in civil rights actions to the prevailing defendant if the action was frivolous, unreasonable or without foundation. Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 98 S.Ct. 694.
Also, a number of federal statutes make provision for awards of attorney fees to prevailing plaintiffs in actions involving violations of various federal laws (e.g., Fair Labor Standards Act, No. 16, 29 U.S.C.A. No. 216(b)).

Black's law dictionary. . 1990.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • American rule — The traditional American Rule is that attorney fees are not awardable to the winning party (i.e. each litigant must pay his own attorney fees) unless statutorily or contractually authorized; however exceptions exist in that an award may be made… …   Black's law dictionary

  • American rule (legal term) — In the field of law and economics, the American Rule is a rule regarding assessment of attorneys fees arising out of litigation. The American Rule provides that each party is responsible to pay its own attorney s fees unless specific authority… …   Wikipedia

  • Philippines education during American rule — During the American colonial period of the Philippines (1898 1943), the American government gave priority to education in the Philippines.ystemEducation became very important for the Filipinos. The spread of democracy and formation of good… …   Wikipedia

  • American imperialism — A 1900 Campaign poster for the Republican Party. The American flag has not been planted in foreign soil to acquire more territory but for humanity s sake. , President William McKinley, July 12, 1900.[1] On one hand, we see how the situation was… …   Wikipedia

  • American Top 40 — (commonly abbreviated to AT40 ) is an internationally syndicated, independent radio program created by Casey Kasem and Don Bustany. Originally a production of Watermark Inc. (later a division of ABC Radio), it is now distributed by Premiere Radio …   Wikipedia

  • American Indians —     American Indians     † Catholic Encyclopedia ► American Indians     GENERAL     When Columbus landed on the island of San Salvador in 1492 he was welcomed by a brown skinned people whose physical appearance confirmed him in his opinion that… …   Catholic encyclopedia

  • American Bar Association — Logo of the American Bar Association Formation August 21, 1878 Type Legal Society Headquarte …   Wikipedia

  • Rule, Britannia! — is a British patriotic song, originating from the poem Rule, Britannia by James Thomson and set to music by Thomas Arne in 1740. [cite book | last = Scholes| first = Percy A| title = The Oxford Companion to Music (tenth Edition)| publisher =… …   Wikipedia

  • rule — 1 n 1 a: a prescribed guide for conduct or action b: a regulating principle or precept 2 a: an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to… …   Law dictionary

  • rule against perpetuities — often cap R&P: a common law rule stating that in order for a future interest to be good it must vest after its creation (as at the death of a testator) within a life in being or lives in being plus 21 years plus the period of gestation of any… …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”