Tag Archives: Prevailing

Second Circuit – Copyright Law – Attorneys Fees To Prevailing Parties Where Copyright & Trademark Claims Not Adjudged

Can a "prevailing party" in a copyright or trademark action obtain attorneys fees even if the victory had nothing to do with the Copyright Act or Lanham Act?   The Second Circuit, in a pair of recent decisions involving alleged infringement of test … Continue reading

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Supreme Court will answer Ninth Circuit public works prevailing wage question

The Supreme Court today agreed to answer the Ninth Circuit’s California law question in Busker v. Wabtec Corp.  In September, the federal court asked for help determining whether a state prevailing wage law applies to certain workers on part of … Continue reading

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Bankruptcy Appeal Could Challenge Prevailing Law Regarding Dischargeability of Student Loans

A federal appellate case has the potential to make substantial changes to the way American bankruptcy courts handle student loans. Federal bankruptcy law does not allow courts to discharge student loan debt, unless the debtor can show that they and … Continue reading

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FAA Withdrawal Of Complaint In Civil Penalty Action Precludes Prevailing Party Status For Air Carrier

In a recent civil penalty decision, the FAA Administrator determined that an administrative law judge's ("ALJ") dismissal of the FAA's case with prejudice, after the FAA withdrew its complaint, did not make the accused air carrier a "prevailing party" for … Continue reading

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