Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 21,524 times 7 Legal AnalysesHolding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute
Octane Fitness, LLC v. Icon Health & Fitness, Inc.
572 U.S. 545 (2014) Cited 1,382 times 122 Legal AnalysesHolding that an "exceptional" case under § 285 is "one that stands out from others with respect to the substantive strength of a party's litigating position ... or the unreasonable manner in which the case was litigated"
Crawford Fitting Co. v. J. T. Gibbons, Inc.
482 U.S. 437 (1987) Cited 2,681 times 4 Legal AnalysesHolding that expert witness fees are not available under Federal Rule of Civil Procedure 54(d) because "when a prevailing party seeks reimbursement for fees paid to its own expert witnesses, a federal court is bound by the limit of § 1821(b), absent contract or explicit statutory authority to the contrary"
Chapman v. AI Transport
229 F.3d 1012 (11th Cir. 2000) Cited 3,227 timesHolding that a district court must have and state a sound basis for doing so
Norman v. Housing Auth., City of Montgomery
836 F.2d 1292 (11th Cir. 1988) Cited 2,787 timesHolding that, when there is inadequate evidence of a prevailing market rate for a particular service, the district court is considered an expert on the question of reasonable fees and can consider its own knowledge and experience without additional pleadings or a hearing
Webb v. Dyer Cty. Bd. of Educ.
471 U.S. 234 (1985) Cited 467 timesHolding "action or proceeding" language authorizing attorney's fees under 42 U.S.C. § 1988 does not include optional administrative proceedings
Resqnet.com, Inc. v. Lansa, Inc.
594 F.3d 860 (Fed. Cir. 2010) Cited 298 times 6 Legal AnalysesHolding that evidence of royalty rates from licenses without a relationship to the claimed invention could not form the basis of a reasonable royalty calculation
Brooks Furniture Mfg. v. Dutailier Intern
393 F.3d 1378 (Fed. Cir. 2005) Cited 282 times 46 Legal AnalysesFinding that bad faith is not established when a court "reached a different conclusion on the merits of infringement"
Summit Valley Industries, Inc. v. Carpenters
456 U.S. 717 (1982) Cited 176 times 1 Legal AnalysesHolding that Labor Management Relations Act § 303, which authorizes recovery of "damages" for employers injured by an unfair labor practice, does not provide authorization for awarding attorney's fees for Board proceedings
Corwin v. Walt Disney
475 F.3d 1239 (11th Cir. 2007) Cited 248 times 1 Legal AnalysesHolding that the district court did not abuse its discretion in disregarding summary judgment evidence that was not based on personal knowledge
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,067 times 141 Legal AnalysesHolding party seeking fees may additionally seek "nontaxable expenses"
Section 1920 - Taxation of costs
28 U.S.C. § 1920 Cited 12,436 times 91 Legal AnalysesReferring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
Section 285 - Attorney fees
35 U.S.C. § 285 Cited 3,195 times 475 Legal AnalysesGranting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases
Section 1924 - Verification of bill of costs
28 U.S.C. § 1924 Cited 400 timesRequiring the prevailing party to file an affidavit declaring that the items sought are correct and "necessarily incurred"
Section 286 - Time limitation on damages
35 U.S.C. § 286 Cited 323 times 80 Legal AnalysesPrecluding recovery for infringement more than six years prior to the filing of the complaint or counterclaim
Section 1.56 - Duty to disclose information material to patentability
37 C.F.R. § 1.56 Cited 848 times 60 Legal AnalysesAdopting broad standard of materiality requiring that information not be cumulative