Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.
Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.
A:
In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which means that each party is responsible for their own attorney fees unless the law provides otherwise. However, the court may order a plaintiff to pay the defendant's fees if the lawsuit is found to be frivolous, unreasonable, or without foundation.
If the court granted the defendant's 12(b) motion to dismiss your case based on arguments like tolling by discovery and continuing violations, and did not specifically address attorney fees in its order, it doesn't automatically mean you will be liable for the defendant's legal expenses. The defendant would have to file a separate motion requesting attorney fees, and the court would then consider whether your case was brought in good faith or if it falls into the category of being frivolous or groundless.
It's important to review the court's order and consult with legal counsel to understand the implications of the dismissal and the likelihood of a fee award. Your attorney can advise on the potential for an appeal or any other steps you might consider taking. Remember, the nuances of legal proceedings are complex, and outcomes can vary greatly depending on the details of each individual case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
