42 USC § 11113 - Payment of reasonable attorneys’ fees and costs in defense of suit

---
identifier: "/us/usc/t42/s11113"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 11113 - Payment of reasonable attorneys’ fees and costs in defense of suit"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "11113"
section_name: "Payment of reasonable attorneys’ fees and costs in defense of suit"
chapter_number: 117
chapter_name: "ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES"
subchapter_number: "I"
subchapter_name: "PROMOTION OF PROFESSIONAL REVIEW ACTIVITIES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)"
---


# § 11113. Payment of reasonable attorneys’ fees and costs in defense of suit

section 11112(a) of this title

In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under  and the defendant substantially prevails, the court shall, at the conclusion of the action, award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief.

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**Source Credit**: (Pub. L. 99–660, title IV, § 413, Nov. 14, 1986, 100 Stat. 3787.)