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3rd Circuit: Final Judgment No Prerequisite for Attorney Fees
Civil rights plaintiffs who won a preliminary injunction but never took the case to a final judgment are nonetheless entitled to a full award of attorney fees because they achieved all their goals and were therefore properly deemed to be the "prevailing" parties, the 3rd U.S. Circuit Court of Appeals has ruled. The appeals court found that parties are "prevailing parties" if "they succeed on any significant issue in litigation which achieves some of the benefits the parties sought in bringing suit."