The Legal Intelligencer has this report:
In Singer Management Consultants Inc. v. Milgram, the 3rd U.S. Circuit Court of Appeals has granted en banc rehearing before a 16-judge court to decide on the proper test for determining when a plaintiff is entitled to attorney fees as the "prevailing party."
The vote to rehear the case en banc was a swift one, and it vacates an Aug. 5 decision that said plaintiffs may be entitled to fees even when a case is declared moot if the presiding judge played a role in persuading government officials to change their legal positions.
A dissenting judge, however, said he believes that a plaintiff never enjoys the status of prevailing party unless he emerges from court with an enforceable order. Apparently that dissenting view has now swayed a majority of the court's judges to vote for rehearing.You may read the rest of the story here. Our prior discussion of this horrible doctrine is here.