Prevailing party - sustany/dvg GitHub Wiki

The term �prevailing party� has been defined in different ways by various courts. In Waxman v. Waxman, the Massachusetts Appeals Court defined �prevailing party� as a party that achieves a favorable judgment. In First Citizens Bank & Trust Company v. Stewart Title Guaranty Company, the Colorado Court of Appeals defined �prevailing party� as one which prevails on a significant issue in the litigation and derives some of the benefits sought by the litigation.�The California Code of Civil Procedure states that a �prevailing party� may be a party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, or a defendant as against those plaintiffs who do not recover any relief against that defendant.�

In some jurisdictions, the prevailing party may be entitled to recover attorney�s fees and other costs associated with the lawsuit.