Sentences with phrase «unreasonableness analysis»

Not exact matches

Although the regional circuits had developed analyses that typically applied the non-exclusive factors outlined in Fogerty v. Fantasy, 510 U.S. 517 (1994), including frivolousness, motivation, objective unreasonableness, and compensation and deterrence, the courts weighed those factors differently, resulting in different fee - award outcomes.

Dunsmuir has stood principally for two things: first (and least controversially), the reduction of the number of standards of review from three to two (eliminating the standard of «patent unreasonableness»); and second, a purported simplification of what the Supreme Court now describes as the «Standard of Review analysis» (see Alice Woolley and Shaun Fluker, «What has Dunsmuir Taught?»