Tag Archives: exceptional

How and Why is the American Punishment System “Exceptional”?

Kevin Reitz, American Exceptionalism in Crime and Punishment (2018). Christopher Slobogin Anyone interested in American criminal justice has to wonder why we have so many more people in prison—in absolute as well as relative terms—than the western half of the European … Continue reading

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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

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Weak case is not exceptional for fees purposes

American Traffic Solutions, Inc. v. Redflex Traffic Systems, Inc., 2011 WL 772310 (D. Ariz.) The parties compete to compete photo traffic enforcement services to governments, and until mid-2008, defendant Redflex did so with radar units that required, but lacked, FCC … Continue reading

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