§ 11113. Payment of reasonable attorneys’ fees and costs in defense of suit

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In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 11112(a) of this title and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.

For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.

(Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)

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Public Law 99–660
To require States to develop, establish, and implement State comprehensive mental health plans

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U.S. Code

Standards for professional review actions
§ 11112

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Pub. L. 99–660, title IV, § 413
100 Stat. 3787

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§ 11113

Payment of reasonable attorneys’ fees and costs in defense of suit

Stat.×1

U.S.C.§ 11112

Pub. L.Pub. L. 99–660, title IV, § 413

Stat.100 Stat. 3787

Cites 3Cited by 1 across 1 source