Title 42, The Public Health and WelfareRelease 119-102
§11113 Payment of Reasonable Attorneys’ Fees and Costs in Defense of Suit
Title 42 › CHAPTER 117 — ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › SUBCHAPTER I — PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES › § 11113
Summary
The court must award the defendant the lawsuit costs and a reasonable lawyer fee when the defendant meets the requirements in section 11112(a), substantially prevails, and the claim or the plaintiff’s conduct was frivolous, baseless, or in bad faith. A defendant is not treated as substantially prevailing if the plaintiff receives damages or a permanent injunction or declaratory order.
Full Legal Text
Title 42, §11113
The Public Health and Welfare, Source: USLM XML via OLRC
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 11113
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102