When the Court granted certiorari in CRST Van Expedited v. EEOC, the case looked like a dispute over the Eighth Circuit’s theory that attorney’s fees can be awarded to victorious defendants only if they prevail “on the merits.” In Monday’s argument, both parties stepped away from the Eighth Circuit’s theory. The dispute blossomed into an … Continue reading Argument analysis: The EEOC’s new theory of attorney’s fees liability