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Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Autor Henry Cohen
en Limba Engleză Paperback – 31 oct 2008
In the United States, the general rule, which derives from common law, is that each 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 the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorises federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalise contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes. In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. § 7430, does. Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this book focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees. In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.
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Specificații

ISBN-13: 9781604569889
ISBN-10: 1604569883
Pagini: 182
Dimensiuni: 139 x 212 x 13 mm
Greutate: 0.28 kg
Editura: Nova Science Publishers Inc

Cuprins

Preface; Introduction: The American Rule and its Exceptions; Common Law Exceptions to the American Rule; Common Benefit Doctrine; Bad Faith Exception; Private Attorney General Doctrine; The Equal Access to Justice Act; The Dual Standard: Prevailing Plaintiffs and Prevailing Defendants; The Concept of Prevailing Party; Awards of Attorneys' Fees Incurred in Administrative Proceedings; Awards of Attorneys' Fees by Administrative Agencies; Awards of Attorneys' Fees in Civil Rights Cases; Civil Rights Act of 1964, Title II: Public Accommodations; Civil Rights Act of 1964, Title III: Public Facilities; Civil Rights Act of 1964, Title VII: Equal Employment Opportunities; Fair Housing Act; Fair Labor Standards Act; Age Discrimination in Employment Act of 1967; Equal Credit Opportunity Act; Voting Rights Act of 1965; Civil Service Reform Act of 1978; Age Discrimination Act of 1975; Civil Rights of Institutionalized Persons Act; Rehabilitation Act of 1973; Individuals with Disabilities Education Act; Americans with Disabilities Act of 1990; Civil Rights Attorney's Fees Awards Act of 1976.