Act did nothing more than replace the law into its prior position, the court would have little problem in applying this factor in favor of re-troactivity. However, the Act went well beyond the bounds of Supreme Court case-law. Congress added rights and liabilities that were never present in any prior civil rights case. By adding these, Congress destroyed a court’s ability to construe the Act as remedial and therefore its retroactive applicability. That this Act cannot be applied retroactively under the second factor because it is not simply remedial is supported the facts of Bradley itself. There, an attorney fee provision provided no new liability on the part of defendants, it only served as a new legal justification for the award of fees. Bradley, 416 U.S. at 724, 94 S.Ct. at 2022 (<HOLDING>). Additionally there, the Court found that the
holding proper basis for award of fees holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion holding that an attorneys fees award is not appealable until the amount of the award is set holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency