Sentences with phrase «prevailing party purposes»

To the dissent, the same assumptions and logic that led the majority to conclude that settlement payments are a net monetary recovery should have led it to conclude that a dismissal pursuant to settlement is still a dismissal for prevailing party purposes.

Not exact matches

Both Wiley and Kirtsaeng proposed that the Court provide guidance to district courts in order to direct their discretion in determining whether to award attorney's fees to a prevailing party «towar [d] the purposes of the Copyright Act,» which the Court articulates as «enriching the general public through access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive rights» provided by the Copyright Act.

However, buyers also claimed they were the prevailing parties for fee award purposes.

Trustee accomplished its objectives of defeating the tort claims and did not oppose nonmonetary relief such that it was the prevailing party for purposes of a routine costs award, not plaintiff.

1979 (2016): SCOTUS sets forth flexible factors to be weighed for purposes of district judges awarding fees to a prevailing party under the Copyright Act's fee - shifting provision, 17 U.S.C. § 505.

Scoreboard «tie» approach to deciding Civil Code section 1717 «prevailing party» status rejected, with courts needing to determine if either side won their true litigation objectives for purposes of determining which party prevailed.