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Thomas Swartz
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Question on definition of "prevailing party" If the defendent

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Question on definition of "prevailing party"

If the defendent settles with plaintiff, who is prevailing party.

"Prevailing party" normally refers to the party that wins a lawsuit. It is the party in whose favor a judgment is rendered. If there is no judgment and the lawsuit is settled by the parties, there really wouldn't be any "prevailing party."

I hope this answers your question.

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