Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resou — Ginsburg, J…

Summary

Justice Ginsburg, dissenting, argues that a plaintiff who secures the relief sought through a lawsuit—even without a formal judgment or settlement entered in court—should be deemed a prevailing party eligible for attorney’s fees under the Fair Housing Amendments Act and the ADA. She would have held the opposite of the majority’s narrow construction of “prevailing party.”