42 U.S.C. § 12205

Attorney’s fees

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In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Notes of Decisions
Cited in 895 cases (397 in the last 5 years), 1993–2026 · leading case: Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (2001).
Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (2001). · cites it 8× “a reasonable attorney's fee and costs"), and ADA, 42 U. S. C. § 12205 ("[T]he court . . . , in its discretion, may allow the prevailing party .”
Martin Vogel v. Harbor Plaza Ctr., LLC, 893 F.3d 1152 (9th Cir. 2018). · cites it 5× “The panel held that the plaintiff was entitled to a reasonable attorney’s fee under 42 U.S.C. § 12205 because he was the prevailing party on his ADA claim.”
Graham v. DaimlerChrysler Corp., 101 P.3d 140 (Cal. 2005). · cites it 4× “a reasonable attorney's fee and costs"] and 42 U.S.C. § 12205 ["[T]he court ..., in its discretion, may allow the prevailing party .”
Lea Cordoba v. Dillard's Inc., 419 F.3d 1169 (11th Cir. 2005). · cites it 3× “While Cordoba’s appeal from the order granting summary judgment was still pending, Dillard’s filed a motion in the district court seeking attorney’s fees and litigation expenses from Cordoba and her attorneys under the ADA’s fee-shifting provision, 42 U.S.C. § 12205 ; 28 U.S.C.…”
Hutchinson Ex Rel. Julien v. Patrick, 636 F.3d 1 (1st Cir. 2011). · cites it 5× “42 U.S.C. § 12205 . When used in a federal fee-shifting statute, “the term ‘prevailing party’ [is] a legal term of art.”
Schutts v. Bently Nevada Corp., 966 F. Supp. 1549 (D. Nev. 1997). · cites it 13× “§ 1927 and 42 U.S.C. § 12205 , and Fed. R.Civ.P. 11.”
Ass'n for Disabled Americans, Inc. v. Integra Resort Mgmt., Inc., 385 F. Supp. 2d 1272 (M.D. Fla. 2005). · cites it 14× “§ 12188 (a), the ADA nevertheless contains an incentive to private litigation — the attorney’s fee provision ( 42 U.S.C. § 12205 ). 6 305 F.Supp.2d at 1281 and n.”
Est. of Martin v. California Dep't of Vets. Affairs, 560 F.3d 1042 (9th Cir. 2009). · cites it 4× “" 42 U.S.C. § 12205 (emphases added). We observed that the ADA makes fees and costs parallel and held that, as a result, the Christiansburg standard does apply to costs under the ADA.”
Mathiason v. Aquinas Home Health Care, Inc., 187 F. Supp. 3d 1269 (D. Kan. 2016). · cites it 2× “§ 2000e-5(g)(l)); and attorneys’ fees and costs (see 42 U.S.C. § 12205 ). “The court may also, in its discretion, award pre-judgment interest on plaintiffs back pay award.”
Rodriguez v. Barrita, Inc., 53 F. Supp. 3d 1268 (N.D. Cal. 2014). · cites it 6× “Defendants now argue that while the ADA allows prevailing litigants to seek reasonable litigation expenses, see 42 U.S.C. § 12205 , Rodriguez’s unsuccessful attempt to seek those expenses from the Clerk, followed by his failure to appeal the Clerk’s decision in a timely fashion,…”
Charlebois v. Angels Baseball LP, 993 F. Supp. 2d 1109 (C.D. Cal. 2012). · cites it 8× “Federal Section 12205 provides reasonable attorneys’ fees to a prevailing party Section 12205 of Title 42 of the United States Code provides that a court “may allow the prevailing party” to receive attorneys’ fees and costs from defendants in cases brought under the Americans…”
Williams v. Chino Valley Indep. Fire Dist., 347 P.3d 976 (Cal. 2015). · cites it 3× “” ( 42 U.S.C. § 12205 .) In Brown v. Lucky Stores, Inc.”
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