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Carter Bryant v. Mattel Inc

OPPOSITION to MOTION for Attorney Fees MGA PARTIES' MOTION FOR AWARD OF ATTORNEYS' FEES AND "FULL COSTS" UNDER SECTION 505 OF THE COPYRIGHT ACT 10542 [PUBLIC REDACTED VERSION]

44 Cited authorities

  1. Hensley v. Eckerhart

    461 U.S. 424 (1983)   Cited 21,532 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

  2. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,815 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

  3. MGIC Indem. Co. v. Weisman

    803 F.2d 500 (9th Cir. 1986)   Cited 1,917 times
    Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

  4. Chalmers v. City of Los Angeles

    796 F.2d 1205 (9th Cir. 1986)   Cited 1,091 times
    Holding that for purposes of claiming a fee award pursuant to 42 U.S.C. § 1988, "counsel bears the burden of submitting detailed time records justifying the hours claimed to have been expended."

  5. Copeland v. Marshall

    641 F.2d 880 (D.C. Cir. 1980)   Cited 1,022 times
    Holding that "in Title VII and similar fee-setting cases," a court may grant an "adjustment to reflect the delay in receipt of payment" because such delay "deprives the eventual recipient of the value of the use of the money in the meantime"

  6. Smith v. Jackson

    84 F.3d 1213 (9th Cir. 1996)   Cited 559 times   4 Legal Analyses
    Holding district court properly exercised discretion in finding copyright claims non-frivolous where "the claims had a legal basis sufficient to survive summary judgment and a factual basis supported by expert testimony"

  7. Mattel Inc. v. Walking Mountain Productions

    353 F.3d 792 (9th Cir. 2003)   Cited 437 times   5 Legal Analyses
    Holding that a subpoena requesting “all documents” relating to certain people, products, and procedures imposed an undue burden

  8. Fogerty v. MGM Grp. Holdings Corp.

    379 F.3d 348 (6th Cir. 2004)   Cited 315 times
    Discussing access and substantial similarity in the copying context

  9. Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.

    122 F.3d 1211 (9th Cir. 1997)   Cited 350 times
    Holding that a party waives an argument on appeal by failing to raise it distinctly

  10. Trustees of the Directors Guild of America-Producer Pension Benefits Plans v. Tise

    234 F.3d 415 (9th Cir. 2000)   Cited 234 times
    Holding that where "the documentation is inadequate, the district is free to reduce an applicant's fee award accordingly."

  11. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,874 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  12. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,966 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases