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BUCKHANNON BOARD & CARE HOME, INC. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES

No. 99-1848.

532 U.S. 598 (2001)

BUCKHANNON BOARD & CARE HOME, INC., et al. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES et al.

United States Supreme Court.

Decided May 29, 2001.

Attorney(s) appearing for the Case

Webster J. Arceneaux III argued the cause for petitioners. With him on the briefs was Brian A. Glasser.

Beth S. Brinkmann argued the cause for the United States as amicus curiae urging reversal. With her on the brief were former Solicitor General Waxman, Acting Solicitor General Under wood, Assistant Attorney General Lee, Jeffrey P. Minear, Jessica Dunsay Silver, and Kevin K. Russell.

David P. Cleek, Senior Deputy Attorney General of West Virginia, argued the cause for respondents. With him on the brief was Darrell V. McGraw, Jr., Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 610. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 622.

Chief Justice Rehnquist delivered the opinion of the Court.

Numerous federal statutes allow courts to award attorney's fees and costs to the "prevailing party." The question presented here is whether this term includes a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change in the defendant...

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