9 Cited authorities

  1. CRST Van Expedited, Inc. v. E.E.O.C.

    578 U.S. 419 (2016)   Cited 244 times   12 Legal Analyses
    Holding that a "defendant has ... fulfilled its primary objective whenever the plaintiff’s challenge is rebuffed, irrespective of the precise reason for the court’s decision ," and that a "defendant may prevail even if the court’s final judgment rejects the plaintiff’s claim for a nonmerits reason"
  2. McCann v. Newman Irrevocable Trust

    458 F.3d 281 (3d Cir. 2006)   Cited 466 times   1 Legal Analyses
    Holding that the party asserting diversity jurisdiction bears the burden of proof, by a preponderance of the evidence, as to the completeness of diversity
  3. Dattner v. Conagra Foods, Inc.

    458 F.3d 98 (2d Cir. 2006)   Cited 119 times
    Holding that a dismissal for forum non conveniens does not satisfy the Buckhannon test because plaintiff is "free to pursue his claims against the defendants" in another forum
  4. Rohm Haas Co. v. Crystal Chemical Co.

    736 F.2d 688 (Fed. Cir. 1984)   Cited 91 times
    Allowing award of appellate fees under the Patent Act where "the appeal itself is exceptional"
  5. Megna v. Biocomp Labs. Inc.

    225 F. Supp. 3d 222 (S.D.N.Y. 2016)   Cited 11 times
    Holding that a dismissal for lack of personal jurisdiction conferred prevailing party status
  6. Direct Fitness Solutions, LLC v. Direct Fitness Solutions, LLC

    281 F. Supp. 3d 697 (N.D. Ill. 2017)   Cited 2 times
    Finding that the defendant was a prevailing party even though the court had dismissed the claims for lack of personal jurisdiction and the plaintiff could refile his claims against the defendant in another court
  7. Equal Emp't Opportunity Comm'n v. CRST Van Expedited, Inc.

    277 F. Supp. 3d 1000 (N.D. Iowa 2017)   Cited 2 times

    No. 07–CV–95–LRR 09-22-2017 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CRST VAN EXPEDITED, INC., Defendant. Ann Marie Henry, Jean P. Kamp, EEOC, Jeanne Bowman Szromba, U.S. Equal Employment Opportunity Commission, Chicago, IL, Brian C. Tyndall, Milwaukee District Office, Milwaukee, WI, Nicholas J. Pladson, EEOC, Minneapolis, MN, for Plaintiff. Carla J. Rozycki, Emma J Sullivan, J. Andrew Hirth, James T. Malysiak, John H. Mathias, Jr., Richard P. Campbell, Robert T. Markowski, Sally K

  8. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,818 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
  9. Section 285 - Attorney fees

    35 U.S.C. § 285   Cited 3,195 times   475 Legal Analyses
    Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases