Ma v. Chertoff, 547 F.3d 342 (2d Cir. 2008)

In Ma, the Second Circuit held that the Supreme Court’s holding in Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U. S. 598 (2001), whereby a party, whose lawsuit brought about a “voluntary” change in the defendant's conduct but who failed to secure a judgment on the merits, is not a “prevailing party” entitled to attorneys fees under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Fair Housing Amendments Act ("FHAA"), 42 U.S.C. § 3601 et seq., also applies to suits filed under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A).