Thread: Rooky13
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Old 09-20-2005, 08:50 PM
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Posted By: Todd Schultz

Sunny Arizona. And to answer your hypothetical, no, it's highly unlikely (read no way) that you would be considered prevailing party if you sued for $1M and won $1. Different story (probably) if you sued for $1000 and won $800, and then had $25K in fees. It would depend on prelitigation and post-litgation demands and settlement offers, to see how much litigation was necessary/could have been avoided. Also, judges not juries determine fees, and certain factors must be shown relating to reasonableness.

Didn't mean to hijack the thread, and don't want moderator dude-types on my case, so that's it in a way understated nutshell.

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