[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 93 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 93

 To provide that the prevailing party in a tort action is entitled to 
         recover attorneys' fees from the nonprevailing party.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

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

_______________________________________________________________________

                                 A BILL


 
 To provide that the prevailing party in a tort action is entitled to 
         recover attorneys' fees from the nonprevailing party.

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

SECTION 1. AWARD OF ATTORNEYS' FEES.

    The prevailing party in any civil action brought in a State or 
Federal court for money damages for injury or loss of property or 
personal injury or death caused by a negligent act or omission shall be 
entitled to recover from the nonprevailing party a reasonable 
attorney's fee. If sought by the prevailing party, the court shall 
award an attorney's fee under this section, whether the prevailing 
party is a plaintiff or defendant, unless the court finds special 
circumstances that would render such an award unjust.

SEC. 2. DEFINITION.

    For purposes of this Act, the term ``State'' includes the District 
of Columbia.

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