Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
The prevailing party in a civil appeal may be entitled to tax costs. See MCR 7.115 (appeals to circuit court); MCR 7.219 (Court of Appeals); MCR 7.318 (Michigan Supreme Court)....more
IN RE: ERIK BRUNETTI - Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to...more
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION - Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas. The district court’s conversion of the...more
On September 9, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion vacating-in-part, affirming-in-part, and remanding a district court decision that denied motions for...more
The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corporation offers important guidance on what it means to be a “prevailing party” and the standards for awarding attorney fees, costs,...more
Future Link Sys., LLC v. Realtek Semiconductor Corp., No. 23-1056 (Fed. Cir. 2025) - The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corp. highlights two important issues in patent...more
As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more
U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more
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
One of the questions that comes up often in the context of appeals is whether a successful party to an appeal may recover their attorney’s fees, and if so, under what circumstances. As usual, the short answer is our favorite...more
The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more
A recent Supreme Court ruling could impact your business by limiting when you must pay fees in employment litigation or when you may recover fees after challenging state regulations in court. In the Lackey v. Stinnie decision...more
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
The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more
Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...more
The Supreme Court will soon decide whether obtaining a preliminary injunction is sufficient to qualify as a “prevailing party” in order to recover attorney’s fees in certain civil rights actions – and we predict the Court...more
Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion, Judge Davis granted the Defendants’ motion and denied the Plaintiff’s, ending the...more
The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more
We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more
The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more
Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more
A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more
Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more
Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more
Under a common-law doctrine successful litigants love to hate – the “American Rule” – a party to litigation cannot recover its legal fees unless a contract, statute, or court rule expressly authorizes fee-shifting to the...more