When Losers Lose
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A few weeks back in a post entitled "When Losers Win," I discussed the case of Sole v. Wyner just prior to oral argument before the SCOTUS. At the time, I predicted:
Although an affirmance would not be the strangest thing to ever happen at the Court, this case appears as close to a slam dunk reversal as a Supreme Court case gets.
Today, the SCOTUS unanimously reversed the 11th Circuit, holding that, under the "prevailing party" rule, a plaintiff who successfully obtains preliminary relief can not be considered a "prevailing party" in cases where the plaintiff ultimately loses on the merits of the action.
To me, the result seems self-evident. And nine out of nine Supreme Court Justices surveyed also concluded that one cannot be considered a "prevailing party" unless one, well, prevails.
