Dismissal of a Party Does Not Always a Prevailing Party Make


Just because a defendant is voluntarily dismissed from the litigation does not automatically designate the party as a prevailing party entitled to attorneys' fees. It depends upon all of the facts and circumstances.

For example, in Lorillard Tobacco Company v. Engida, 61 F.3d 1209 (10th Cir., 2010), Lorillard Tobacco filed suit against Isaac Engida for selling counterfeit cigarettes.

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