81 Cited authorities

Neitzke v. Williams
490 U.S. 319 (1989) Cited 56,155 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Buckhannon Board Care Home v. West Va. D.H.H.R
532 U.S. 598 (2001) Cited 3,819 times 17 Legal Analyses
Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"
Cooter Gell v. Hartmarx Corp.
496 U.S. 384 (1990) Cited 4,143 times 6 Legal Analyses
Holding that it is necessarily an abuse of discretion to apply the wrong legal standard
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,836 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
Christiansburg Garment Co. v. Equal Emp't Opportunity Comm'n
434 U.S. 412 (1978) Cited 3,658 times 33 Legal Analyses
Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith
Semtek International Inc. v. Lockheed Martin Corp.
531 U.S. 497 (2001) Cited 1,366 times 3 Legal Analyses
Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"
Texas Teachers Assn. v. Garland School Dist
489 U.S. 782 (1989) Cited 1,872 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)
General Universal Systems, Inc. v. Lee
379 F.3d 131 (5th Cir. 2004) Cited 612 times 1 Legal Analyses
Holding party "may not use a Rule 60(b) motion as an occasion to relitigate its case"
In re Benjamin Moore Co.
318 F.3d 626 (5th Cir. 2002) Cited 307 times
Holding that Rule 59(e) allows reconsideration when there are an intervening change in controlling law; the availability of new evidence not previously available; the need to correct a clear error of law or prevent manifest injustice
Anthony v. Marion County General Hospital
617 F.2d 1164 (5th Cir. 1980) Cited 610 times
Concluding that the plaintiff's failure to prosecute, while sufficient to support an involuntary dismissal, standing alone was insufficient to establish as a matter of law that the claim was frivolous or vexatious
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,675 times 67 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,439 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,712 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,136 times 48 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 17 - Plaintiff and Defendant; Capacity; Public Officers
Fed. R. Civ. P. 17 Cited 9,202 times 23 Legal Analyses
Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 2,984 times 70 Legal Analyses
Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases
Section 7430 - Awarding of costs and certain fees
26 U.S.C. § 7430 Cited 947 times 2 Legal Analyses
Providing that prevailing parties may recover "reasonable administrative costs" and "reasonable litigation costs"

Millennium TGA, Inc. v. Doe

81 Cited authorities

Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"

Holding that it is necessarily an abuse of discretion to apply the wrong legal standard

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 for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith

Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"

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 party "may not use a Rule 60(b) motion as an occasion to relitigate its case"

Holding that Rule 59(e) allows reconsideration when there are an intervening change in controlling law; the availability of new evidence not previously available; the need to correct a clear error of law or prevent manifest injustice

Concluding that the plaintiff's failure to prosecute, while sufficient to support an involuntary dismissal, standing alone was insufficient to establish as a matter of law that the claim was frivolous or vexatious

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

Holding party seeking fees may additionally seek "nontaxable expenses"

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

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

Providing that prevailing parties may recover "reasonable administrative costs" and "reasonable litigation costs"