The Court held that a defendant is a "prevailing party," potentially eligible
for fees, if it prevails either on a ground going to the merits or on some
other grounds, which here included statute of limitations and the EEOC's
failure to properly investigate before filing suit.
The Court did
Today the Court ruled in CRST Van Expedited v. EEOC (
http://www.supremecourt.gov/opinions/15pdf/14-1375_09m1.pdf ) that
defendants don't have to prevail "on the merits" to get attorney fees
in Title VII cases. In this case, the EEOC had gotten its suit brought
by over 200 women for sexual
