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Abuse of Discretion Appeals Attorney's Fees

Knobbe Martens

Relying on Irrelevant Factors to Award Attorneys’ Fees Is a Red Flag

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Before Moore, Lourie, and Albright.  Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

Seyfarth Shaw LLP on

Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Bradley Arant Boult Cummings LLP

Allegations of Abusive Litigation Tactics Must Be Considered for Attorney Fees Award

When the Court of Appeals for the Federal Circuit reversed the lower court’s award of attorney fees in Munchkin, Inc. v. Luv n’ Care, Ltd. last month, we were reminded that, while a district court has wide latitude to...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Reverses Award of Attorneys' Fees

In Gorbacheva v. Abbott Laboratories Extended Disability Plan, et al., 29 U.S. App. LEXIS 36542 (N.D. Cal. Dec. 10, 2019), the Ninth Circuit reversed a district court's award of attorneys' fees to an ERISA claimant as...more

Robinson+Cole ERISA Claim Defense Blog

Remand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee Award

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 18-20700, 2019 WL 5866677 (5th Cir. Nov. 8, 2019), the Fifth Circuit Court of Appeals rejected a plaintiff’s petition for attorneys’ fees under 29 U.S.C. § 1132(g).  This...more

McDermott Will & Emery

Eagle Eye on Attorneys’ Fee Award: Courts Must Apportion Award Based on Successful Claims

Addressing the standard of review for attorneys’ fee awards under the Lanham Act, the US Court of Appeals for the Fifth Circuit applied Highmark’s abuse-of-discretion standard, affirmed the district court’s exceptional-case...more

Knobbe Martens

Omega Patents, LLC v. Calamp Corp.

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Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more

Conn Kavanaugh

When Does a Competitive Business Practice Become Actionable under Chapter 93A, § 11?

Conn Kavanaugh on

Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another...more

McDermott Will & Emery

Thinking of Asking for Fee Award? Tread Carefully

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a denial of attorneys’ fees under 35 USC § 285 and cautioned future litigants to “tread carefully” in criticizing district courts. Spineology, Inc. v. Wright Medical...more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Knobbe Martens

In Re Rembrandt Techs., LP Patent Litig.

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Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the...more

Carlton Fields

Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets...

Carlton Fields on

In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees....more

Knobbe Martens

Stone Basket Innovations, LLC v. Cook Medical, LLC

Knobbe Martens on

Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more

Knobbe Martens

Energy Heating, LLC. v. Heat On-The-Fly, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Hughes, and Stoll. Appeal from the United States District Court for the District of North Dakota. Summary: A district court must articulate a reasonable basis for denying...more

Perkins Coie

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

Perkins Coie on

Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay...more

Jaburg Wilk

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Jaburg Wilk

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

Jaburg Wilk on

The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more

Pillsbury Winthrop Shaw Pittman LLP

One Potential Remedy for FCA Overreach?

Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more

Knobbe Martens

Federal Circuit Review - August 2017

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District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Knobbe Martens

Federal Circuit Review - July 2017

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District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In AdjustaCam v. Newegg, the Circuit reverses the denial of attorney fees where Judge Gilstrap simply adopted a pre-Octane Fitness determination by a prior judge, despite the Circuit’s post-Octane Fitness remand of the case...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

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