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Ohio Courts Clarify 'Prevailing Party' Owed Attorney Fees in Deceptive Trade Practices Case
"Our review of R.C. 4165.03 supports this conclusion. In construing statutory terms, courts read statutes as a whole and do not dissociated words and phrases from their context. ... Looking at the language of R.C. 4165.03 as a whole, we are persuaded that 'prevailing' in the context of the DTPA means that the party obtained judgment in its favor, regardless of whether the party obtained a remedy in furtherance of that judgment," Judge Jennifer Kinsley wrote.
USA v. Farhane, 07-1968-cr (L)
Publication Date: 2011-02-09 Practice Area: Criminal Practice
Industry: Court: U.S. Court of Appeals, Second Circuit Judge: Before: Winter, Raggi, C.JJ., and Dearie, Ch.D.J.1 Attorneys: For plaintiff: Jennifer G. Rodgers, Assistant United States Attorney (Karl Metzner, Assistant United States Attorney, on the brief), on behalf of Michael J. Garcia, United States Attorney for the Southern District of New York, New York, New York, for Appellee. For defendant: Edward D.Wilford (Natali J.H. Todd, on the brief), New York, New York, for Defendant-Appellant. Case number: 07-1968-cr (L)
Cite as: USA v. Farhane, 07-1968-cr (L), NYLJ 1202480691925, at *1 (2d Cir., Decided February 4, 2011)Before: Winter, Raggi, C.JJ., and Dearie, Ch.D.J.1/s
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