Title VII defendants can recover attorney’s fees without prevailing “on the merits”: The Supreme Court has unanimously held that a defendant seeking attorney’s fees can be a “prevailing party” even without obtaining a favorable judgment “on the merits.” This will allow defendants to recover attorney’s fees from the Equal Employment Opportunity Commission (EEOC) even without a judgment on the merits of the case. (Note: CRST, the defendant, is a freight company.)