News & Analysis as of

Fee-Shifting Appeals Frivolous Lawsuits

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

Foley & Lardner LLP

Seventh Circuit Sanctions an Appellant for Failing To Include the District Court’s Rulings with Its Opening Brief

Foley & Lardner LLP on

Seventh Circuit Rule 30(a) requires an appellant to “append to [its] opening brief[] the judgment under review and its adjoining findings of fact and conclusions of law.” Rule 30(b) further requires an appellant to include...more

Jaburg Wilk

Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

Jaburg Wilk on

This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to...more

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