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Catalyst Theory Restoration Act of 2018

H.R. 5656 · 115th Congress · Apr 27, 2018 · Lineage

A BILL

To clarify the meaning of the term prevailing party with regard to the recovery of attorneys' fees.

Section 1 Short title

This Act may be cited as the “Catalyst Theory Restoration Act of 2018”.

Sec. 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.