Labels:book | reckoner | sky OCR: 505 is preferable to *a dual standard" (Er 12) Tihi 15 simply not presented in this case This case involves only prevailing mppuafop not prevailing plaintiff and there accordingly no oocasion for deciding the standard for prevailing plaintiffs should he the sane "evenhanded" different "dual"} from the standard for prevailing defendants Only the standard for prevailing defendants presented In this case and the Ninth Circuit's articulafion of that standard (followed by the majority nf circuits that have decided the issue) plainly cr 10 like many of the other courts adopting the The court below majority rule, stated that prevailing defendants are entitled to attomey fees not only when the plaintiff has brought frivolous claim, but also when he proceeded in "bad faith Pet APP 19 We agree that ...
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