Library / Laws / 113th / hr / H.R. 5187 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5187
IN THE HOUSE OF REPRESENTATIVES
July 24, 2014
Mr. Cartwright introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To clarify the meaning of the term prevailing party with regard to the recovery of attorneys’ fees.
1.
Short title
This Act may be cited as the Catalyst Theory Restoration Act of 2014.
2.
In general
(a)
meaning of prevailing party
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation
of the various departments and agencies of the United States, or of any
judicial or administrative rule, which provides for recovery of attorneys'
fees, the term prevailing party shall include a party whose pursuit of a nonfrivolous claim or defense was a catalyst for a
voluntary or unilateral change in position by the opposing party that
provides any significant part of the relief sought.
(b)
Rule of construction
This section shall not alter special eligibility criteria established for prevailing defendants nor
alter any specific eligibility criteria contained in any statute that
expressly limits or qualifies who may be considered a prevailing party for
purposes of that statute.