Sentences with phrase «presumption against fee»

Not exact matches

It noted that Kirtsaeng «raised serious questions about how fee - shifting actually operates in the Second Circuit,» recognizing that «the Court of Appeals» framing of the inquiry resembles» the inquiry framed by the Court, but that the «Court of Appeals» language at times suggests that a finding of reasonableness raises a presumption against granting fees.»

The Court found that the Second Circuit's test was effectively a presumption against granting fees by focusing solely on objective reasonableness, a much too rigid test requiring a «redo» by the district judge.