Awards of Attorneys' Fees by Federal Courts and Federal ...

Order Code 94-970 Awards of Attorneys Fees by Federal Courts and Federal AgenciesUpdated June 20, 2008 Henry CohenLegislative AttorneyAmerican Law DivisionAwards of Attorneys Fees by Federal Courtsand Federal AgenciesSummaryIn the United States, the general rule, which derives from common law, is thateach side in a legal proceeding pays for its own attorney. There are many exceptions,however, in which Federal Courts , and occasionally Federal agencies, may order thelosing party to pay the attorneys fees of the prevailing party. The major commonlaw exception authorizes Federal Courts (not agencies) to order a losing party that actsin bad faith to pay the prevailing party s fees. There are also roughly two hundred statutory exceptions, which were generallyenacted to encourage private litigation to implement public policy.

Jun 20, 2008 · Horn, 29 F.3d 754, 759 (1 st Cir. 1994) (sovereign immunity precludes use of supervisory power to order the United States to pay the fees and costs incurred by criminal defendants in litigating prosecutorial misconduct issue; but see, P.L. 105-119 (1997), discussed below in Ch. XVII). Although the Supreme Court noted in Chambers,

Tags:

  Immunity, Sovereign, Sovereign immunity

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