Title 42 — The Public Health and WelfareRelease 119-73not60
§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
If a defendant meets the required standards and mostly wins, the court must award the costs of the suit and a reasonable lawyer’s fee when the claim or the claimant’s behavior was frivolous, baseless, or in bad faith. A defendant hasn't mostly won if the plaintiff gets money or permanent court orders.
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
Apr 5, 2026
Release point: 119-73not60