Plaintiffs who prevail in court can collect extra money—more than compensatory damages, that is—by three different means.
Fee shifting enriches plaintiffs indirectly, by permitting them to keep all they recover rather than share with their attorneys the sum they win though judgment or settlement. Following Alyeska Pipeline Serv. Co. v. Wilderness Society, 421 U.S. 240 (1975), which limited the power of judges to shift fees, this boost to plaintiffs has occurred mostly pursuant to statutory law. Statutory fee shifting is the main exception to the so-called American Rule that civil litigants always pay their own lawyers, win or lose. Congress has provided for fee shifting in several statutes. Most of them fall under civil rights. Freedom of Information Act claims are also eligible, along with some antitrust actions.
