We came across a helpful Seventh Circuit decision reversing a district court's denial of attorneys fees, where the plaintiff had moved to voluntarily dismiss its copyright infringement case. The court in Rivera v. Jones reaffirmed the principles that (a) notwithstanding the voluntariness of the plaintiff's dismissal the defendant is a "prevailing party", (b) the defendant in such cases is presumptively entitled to attorneys fees, and (c) the defendant is not required to establish frivolousness on the part of the plaintiffs.
February 20, 2008, decision, US Court of Appeals 7th Circuit, Rivera v. Jones*
* Document published online at Internet Law & Regulation
Commentary & discussion:
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