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Mootness Prevailing Party Appeals

Husch Blackwell LLP

Supreme Court Sets the Bar for Recovering Attorneys' Fees in Civil Rights Cases

Husch Blackwell LLP on

On February 25, 2025, the U.S. Supreme Court ruled in Lackey v. Stinnie that plaintiffs who gain preliminary injunctive relief before an action becomes moot do not qualify as “prevailing parties” for attorney’s fees under 42...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

McDermott Will & Emery

No Judgment on Merits Necessary to Achieve Prevailing Party Status

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court finding that an accused infringer was the “prevailing party” entitled to fees under Rule 54(d)(1) when the patent owner’s claim was dismissed for...more

Knobbe Martens

Costs Awarded to Defendant After Case Dismissed for Mootness

Knobbe Martens on

B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC. Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee. Summary: A decision on the merits is not a prerequisite...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

PATENT CASE OF THE WEEK - HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) - In a lengthy decision following a bench trial, the Court addressed a matter of...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

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