Ohio High Court Defines ‘Prevailing’ in Attorneys’ Fees Case

A party that obtains a relief-free judgment that nonetheless says their opponent violated a trade practices law isn’t considered “prevailing” for the purposes of collecting attorneys’ fees, a divided Ohio Supreme Court ruled Monday.

While the Ohio Deceptive Trade Practices Act allows a “prevailing party” to collect such fees, damages or an injunction are required to be considered such a party, the court said in an opinion authored by Justice R. Patrick DeWine (R).

“A moral victory is not a legal victory,” DeWine wrote.

The court, which heard oral arguments in the case in July, split along party lines, ...