19 Cited authorities

Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 21,586 times 7 Legal Analyses
Holding 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
Farrar v. Hobby
506 U.S. 103 (1992) Cited 3,579 times 5 Legal Analyses
Holding that an award of nominal damages, but not purely declaratory relief, suffices for prevailing party status
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,826 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Texas Teachers Assn. v. Garland School Dist
489 U.S. 782 (1989) Cited 1,867 times
Holding that where party seeks attorney's fees pursuant to fee-shifting statute, "no fee award is permissible until the [party] has crossed the statutory threshold of prevailing party status" (internal quotation marked omitted)
Transgo, Inc. v. Ajac Transmission Parts Corp.
768 F.2d 1001 (9th Cir. 1985) Cited 388 times
Holding that, although licensor did not inspect the products, quality control was maintained by reliance on the integrity and control procedures of licensee where licensor and licensee were in a close working relationship
Frank Music Corp. v. Metro-Goldwyn-Mayer Inc.
886 F.2d 1545 (9th Cir. 1989) Cited 208 times
Holding that percentage increase in stock value of parent company too speculative and attenuated
Pinkham v. Camex, Inc.
84 F.3d 292 (8th Cir. 1996) Cited 171 times
Holding that the scope of Section 505 costs is equal to the scope of costs recoverable under Sections 1821 and 1920
Cummings v. Connell
402 F.3d 936 (9th Cir. 2005) Cited 101 times 2 Legal Analyses
Holding that a request for appellate attorney's fees under § 1988 must be filed in the court of appeals, and reversing a district court award of appellate fees because the fee motion was filed in the district court
Fantasy, Inc. v. Fogerty
94 F.3d 553 (9th Cir. 1996) Cited 127 times
Holding that, "Since the reasons given by the district court in this case are well-founded in the record and are in keeping with the purposes of the Copyright Act, the court acted within its discretion in awarding a reasonable attorney's fee"
Warner Bros. v. Dae Rim Trading, Inc.
877 F.2d 1120 (2d Cir. 1989) Cited 113 times 1 Legal Analyses
Holding that a prevailing plaintiff is not entitled to attorney's fees where defendant litigated in good faith against unreasonable settlement demands from plaintiff
Section 1920 - Taxation of costs
28 U.S.C. § 1920 Cited 12,505 times 91 Legal Analyses
Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 2,973 times 70 Legal Analyses
Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases
Section 1821 - Per diem and mileage generally; subsistence
28 U.S.C. § 1821 Cited 2,252 times 38 Legal Analyses
Enumerating witness fees and disbursements

Berry v. Hawaiian Express Ser, et al

19 Cited authorities

Holding 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

Holding that an award of nominal damages, but not purely declaratory relief, suffices for prevailing party status

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that where party seeks attorney's fees pursuant to fee-shifting statute, "no fee award is permissible until the [party] has crossed the statutory threshold of prevailing party status" (internal quotation marked omitted)

Holding that, although licensor did not inspect the products, quality control was maintained by reliance on the integrity and control procedures of licensee where licensor and licensee were in a close working relationship

Holding that percentage increase in stock value of parent company too speculative and attenuated

Holding that the scope of Section 505 costs is equal to the scope of costs recoverable under Sections 1821 and 1920

Holding that a request for appellate attorney's fees under § 1988 must be filed in the court of appeals, and reversing a district court award of appellate fees because the fee motion was filed in the district court

Holding that, "Since the reasons given by the district court in this case are well-founded in the record and are in keeping with the purposes of the Copyright Act, the court acted within its discretion in awarding a reasonable attorney's fee"

Holding that a prevailing plaintiff is not entitled to attorney's fees where defendant litigated in good faith against unreasonable settlement demands from plaintiff

Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

Enumerating witness fees and disbursements