Tag Archives: Manner

Open legal question doesn't preclude fees award where manner of litigating is exceptional

Tobinick v. Novella, 884 F.3d 1110 (11th Cir. 2018)The court of appeals held that the Octane Fitness standard for “exceptional cases” applied to Lanham Act cases, and that the District Court here didn’t abuse its discretion in awarding attorney’s fees … Continue reading

Posted in Advertising Law | Tagged , , , , , , , , , | Leave a comment

Bad Faith Without Breach of Contract? Indiana Supreme Court Says the Duty of Good Faith Includes the Manner of Handling the Claim

Insurance policies contain words that become ambiguous as technology and building practices change, causing good faith disputes over coverage to arise. While a good faith dispute over coverage does not constitute bad faith, one court suggested that an insurance company … Continue reading

Posted in Insurance | Tagged , , , , , , , , , , , , , | Leave a comment