---
kind: "section"
citation: "42 U.S.C. § 11113"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11113"
heading: "Payment of reasonable attorneys’ fees and costs in defense of suit"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11113"
units:
  - "Chapter 117 — Encouraging Good Faith Professional Review Activities"
  - "Subchapter I — Promotion of Professional Review Activities"
---

# §11113. Payment of reasonable attorneys’ fees and costs in defense of suit


In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under [section 11112(a) of this title](/usc/42/11112.md?p=a) and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.


## Source credit

(Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)