§Why CasetextPricing

Thornton v. J Jargon Co. et al

MEMORANDUM in opposition re Motion for attorney fees

25 Cited authorities

  1. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,917 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

  2. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,794 times   9 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

  3. Johnson v. Georgia Highway Express, Inc.

    488 F.2d 714 (5th Cir. 1974)   Cited 7,899 times   6 Legal Analyses
    Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee

  4. Norman v. Housing Auth., City of Montgomery

    836 F.2d 1292 (11th Cir. 1988)   Cited 2,933 times
    Holding 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

  5. Loranger v. Stierheim

    10 F.3d 776 (11th Cir. 1994)   Cited 1,056 times
    Holding that an across-the-board percentage reduction in attorney fees is appropriate so long as the court provides a “concise but clear explanation of its reasons for the reduction”

  6. Cable/Home Communication Corp. v. Network Productions, Inc.

    902 F.2d 829 (11th Cir. 1990)   Cited 798 times   1 Legal Analyses
    Holding that copyright infringement suit against publisher of advocacy campaign newsletter advertising illegal de-scrambling devices does not violate First Amendment

  7. Lieb v. Topstone Industries, Inc.

    788 F.2d 151 (3d Cir. 1986)   Cited 553 times   1 Legal Analyses
    Holding that remand is appropriate when a district court has failed to specify its reasons for denying a Rule 11 motion

  8. Rosciszewski v. Arete Associates, Inc.

    1 F.3d 225 (4th Cir. 1993)   Cited 246 times   3 Legal Analyses
    Holding that removal was proper based on complete preemption before concluding that the district court properly dismissed claims based on res judicata

  9. Donald Frederick Evans v. Continental Homes

    785 F.2d 897 (11th Cir. 1986)   Cited 186 times
    Holding that there is no private right of action under 17 U.S.C. § 506(c), which was intended to be only a criminal statute

  10. CBS Broadcasting, Inc. v. Echostar Communications Corp.

    265 F.3d 1193 (11th Cir. 2001)   Cited 104 times
    Finding that "[i]n the face of two plausible interpretations of evidence submitted to demonstrate a contested issue, the district court is not at liberty to accept one construction of the evidence and reject the other without the benefit of an evidentiary hearing"

  11. Section 1920 - Taxation of costs

    28 U.S.C. § 1920   Cited 13,121 times   93 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

  12. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,723 times   60 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

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

    17 U.S.C. § 505   Cited 3,065 times   71 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  14. Section 412 - Registration as prerequisite to certain remedies for infringement

    17 U.S.C. § 412   Cited 654 times   23 Legal Analyses
    Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication