Farrar v. Hobby
506 U.S. 103 (1992) Cited 3,668 times 5 Legal AnalysesHolding that an award of nominal damages, but not purely declaratory relief, suffices for prevailing party status
Fischer v. SJB-P.D. Inc.
214 F.3d 1115 (9th Cir. 2000) Cited 1,024 timesHolding that a district court may reduce hours to offset "poorly documented" billing
Westlands Water District v. U.S.
100 F.3d 94 (9th Cir. 1996) Cited 536 timesHolding that “uncertainty” caused by the specter of future litigation is “insufficient to establish plain legal prejudice”
Cairns v. Franklin Mint Co.
292 F.3d 1139 (9th Cir. 2002) Cited 289 times 1 Legal AnalysesHolding that the sale of collectibles bearing the name and likeness of Princess Diana was a nominative fair use
Hamilton v. Firestone Tire Rubber Co., Inc.
679 F.2d 143 (9th Cir. 1982) Cited 373 timesHolding that the defendant had not established sufficient prejudice from the granting of a voluntary dismissal "merely by asserting that it had begun trial preparations"
Cantrell v. International Brotherhood of Electrical Workers, Local 2021
69 F.3d 456 (10th Cir. 1995) Cited 235 timesHolding a defendant is a "prevailing party" under Rule 54(d) of the Federal Rules of Civil Procedure when a plaintiff voluntarily dismisses its complaint, whether that dismissal is with or without prejudice
Stevedoring Services of Am. v. Armilla Intern
889 F.2d 919 (9th Cir. 1989) Cited 270 timesHolding district court did not abuse discretion in refusing to require payment of costs and attorney's fees
Barrios v. Calif. Interscholastic Federation
277 F.3d 1128 (9th Cir. 2002) Cited 189 timesHolding that a plaintiff's attorney could receive an award of fees after the settlement of a case, which included an ADA claim, awarded $10,000 for the plaintiff
Mission Power Engineering Co. v. Continental Cas. Co.
883 F. Supp. 488 (C.D. Cal. 1995) Cited 211 timesHolding that a party requesting ex parte relief must establish that its cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures, and that it is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect
National Information Services, Inc. v. TRW, Inc.
51 F.3d 1470 (9th Cir. 1995) Cited 111 timesHolding that "'difficulty' alone does not justify penalizing the prevailing parties"
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 115,707 times 200 Legal AnalysesHolding that such dismissal "operates as an adjudication on the merits"
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 5,119 times 153 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125