Category Archives: Attorney’s Fees

Judge Godbey Issues Order of Civil Contempt and Coercive Incarceration For Failure to Answer Discovery

Posted on August 27, 2016 by Steven Callahan

Here’s a good reason to answer discovery—if you don’t, the judge can throw you in jail until you do. In Denton v. Suter, Judge Godbey issued an Order of Civil Contempt and Coercive Incarceration (available here). In the case, plaintiffs … Continue reading →

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Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

Posted on August 27, 2016 by Steven Callahan

On June 16, 2016, the Supreme Court issued its unanimous opinion in Kirtsaeng v. John Wiley & Sons, Inc. (available here). Section 505 of the Copyright Act states that a district court “may . . . award a reasonable attorney’s … Continue reading →

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What’s A Reasonable Hourly Rate For A Copyright Litigator? Hint: Not $595/Hour According To Judge Boyle

Posted on February 2, 2016 by Steven Callahan

On January 14, 2016, Judge Boyle issued an Order (available here) in Spear Marketing v.  BancorpSouth Bank ruling on the prevailing defendants’ requests for attorney’s fees. The Court found that the defendants were entitled to attorney’s fees under the Texas … Continue reading →

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Judge Means Rules That Allcare Owes Highmark Over $5 Million For Losing Patent Infringement Case

Posted on July 17, 2015 by Steven Callahan

On June 23, 2015, following a trip up to the Supreme Court, Judge Means ordered patent holder Allcare to pay accused infringer Highmark over $5 million (decision available here). Judge Means concluded that the case was “exceptional” under 35 U.S.C. § … Continue reading →

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Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Posted on June 17, 2015 by Steven Callahan

Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed … Continue reading →

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If You Hire “Cadillac” Counsel, Don’t Expect The Court To Require Your Opponent To Fully Reimburse You

Posted on June 17, 2015 by Steven Callahan

That’s the lesson coming out of the Beastie Boys v. Monster Energy decision (available here) from the Southern District of New York. The general “American Rule” is that a successful litigant is not entitled to recover its attorney’s fees from its … Continue reading →

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Supreme Court Unanimously Reverses Federal Circuit in Highmark v. Allcare

Posted on April 30, 2014 by Steven Callahan

Yesterday was not a good day for the Federal Circuit at the Supreme Court. The Supreme Court, in addition to unanimously reversing the Federal Circuit in Octane v. Icon (see post here), also unanimously reversed the Federal Circuit in Highmark … Continue reading →

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Supreme Court Unanimously Reverses Federal Circuit In Octane v. Icon Concerning Attorney Fees For Prevailing Parties In Patent Infringement Cases

Posted on April 30, 2014 by Steven Callahan

On April 29, 2014, the Supreme Court issued its unanimous decision in Octane v. Icon (opinion available here).  The Supreme Court ruled that the Federal Circuit had been misapplying Section 285 of the Patent Act which states, “[t]he court in … Continue reading →

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Judge Solis Awards $433,000 In Attorney’s Fees in FLSA Case

Posted on April 28, 2014 by Steven Callahan

We previously discussed the jury verdict in Parker v. ABC Debt Relief, and did an interview with plaintiff’s attorney Clay Branham. On April 9, 2014, Judge Solis entered an Order (available here) resolving the issue of attorney’s fees in this … Continue reading →

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Judge Kinkeade Enters Default Judgment In Bitzer Case

Posted on May 25, 2013 by Steven Callahan

On May 22, 2013, Judge Kinkeade entered a Default Judgment (available here) in Bitzer’s favor against Beiging Brilliant Refrigeration Equipment Co. in a patent infringement lawsuit. The Default Judgment granted Bitzer’s request for a permanent injunction, and awarded costs and … Continue reading →

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