36 Cited authorities

Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 21,596 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
Buckhannon Board Care Home v. West Va. D.H.H.R
532 U.S. 598 (2001) Cited 3,802 times 17 Legal Analyses
Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."
Farrar v. Hobby
506 U.S. 103 (1992) Cited 3,580 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 2,827 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
Alyeska Pipeline Co. v. Wilderness Soc'y
421 U.S. 240 (1975) Cited 4,723 times 9 Legal Analyses
Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
Pennsylvania v. Del. Valley Citizens' Council
483 U.S. 711 (1987) Cited 958 times
Holding enhancements generally inappropriate
Gates v. Deukmejian
987 F.2d 1392 (9th Cir. 1992) Cited 1,684 times
Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable
Fischer v. SJB-P.D. Inc.
214 F.3d 1115 (9th Cir. 2000) Cited 983 times
Holding that a district court may reduce hours to offset "poorly documented" billing
Kerr v. Screen Extras Guild, Inc.
526 F.2d 67 (9th Cir. 1976) Cited 1,989 times 1 Legal Analyses
Adopting 12 factors for consideration in attorney’s fees cases
United States v. Texas
507 U.S. 529 (1993) Cited 283 times
Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,819 times 143 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,805 times 43 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 2,974 times 70 Legal Analyses
Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,481 times 132 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Choyce v. SF Bay Area Independent Media Center et al

36 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 the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

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 American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

Holding enhancements generally inappropriate

Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable

Holding that a district court may reduce hours to offset "poorly documented" billing

Adopting 12 factors for consideration in attorney’s fees cases

Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding an "unrepresented party" to the same standard as an attorney

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

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

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.