Labels:book | reckoner | sky OCR: finally prevail, the Court observed, substantially add to the risks inhering nost 1it igation and wollld undercut the efforts of Congress promote the vigorous enforcement the provisions of Title Second. the explained, the fee- -shifting provision must be construed that counsel fees are ordinarily bore the party that has violated the underlying statutory rights. "[W] Then district CoRITt awards counsel fees prevailing plaintiff the Court stated, awarding them against violator federal law Conversely when the defendant prevails the losing plaintiff has typically done rothing wrone (unless claim was objectively urreasonable) Finally the Court emphasized that the fee. shifting provision must construed to permit "the adversary judicial process function (434 419' fair adversary process oted. supp ...
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