Loser Pays Legal Fee Fairness Act

Loser Pays Legal Fee Fairness Act - States that whenever federal law provides a basis on which a court may award attorney's fees to one prevailing party, the court may award such fees to any prevailing party on that basis, except where the law permits the award of such fees only to the United States.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3497 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3497

 To ensure that when Federal law allows a court to award attorney fees 
 to one party, the law must allow the court to award attorney fees to 
                               any party.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

  Mr. Istook introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ensure that when Federal law allows a court to award attorney fees 
 to one party, the law must allow the court to award attorney fees to 
                               any party.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Loser Pays Legal Fee Fairness Act''.

SEC. 2. RECIPROCITY IN AWARDS OF ATTORNEY FEES.

    (a) In General.--Notwithstanding any other provision of law, 
whenever Federal law provides a basis on which a court may award 
attorney fees to one prevailing party, the court may award attorney 
fees to any prevailing party on that basis.
    (b) Exception.--Subsection (a) does not apply to a Federal law that 
provides a basis on which a court may award attorney fees only to the 
United States.
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