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Attorney Fees Under Lanham Act

What is willful trademark infringement?

Willful Intent in Law Wise that a willful act is one that is done intentionally in violation of the law. A recent ruling by the United States Supreme Court has resolved the question of whether trademark infringement must be willful to justify awarding compensation.Willful Intent in Trademark Infringement | Boyer Law Firm, › blog › willful-intent-in-trademark-infringement

When can you recover attorney fees in California?

California is no different than much of the jurisdictions in the U.S. Specifically, attorneys' fees are not recoverable as an item of damages in California with respect to a civil lawsuit unless authorized by (1) a statute or (2) a contract. (CCP �1033.5).HRecovering Attorney's Fees in California – Maybe? › news-thought-leadership › recovering-attorneys-fees-c...

When can you get attorneys fees in Ohio?

Ohio adheres to what is called the “American Rule,” which states that a party that prevails in a lawsuit can recover its attorney fees only if allowed by a statute or a contract between the parties, or if the non-prevailing party acted in bad faith.Attorney Fees Remain Available as Compensatory Damages for Breach › litigation-blog-attorney-fees-remain-available-as-comp...

attorney fees under section 1983

What is the 42 USC Section 1983?

Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.Section 1983 (42 U.S.C. � 1983 - Civil Rights in the United › c.php

What is a section 1983 damages award?

The basic purpose of a section 1983 damages award is to compensate a person for injuries caused by the deprivation of a constitutional right.

Why choose our firm for Section 1983 lawsuits?

Our firm is one of very few firms with a record of success in Section 1983 lawsuits, Bivens claims, and other constitutional rights litigation. We know how to pursue police officers and other government officials who violate people’s constitutional rights from our decades of work in serious criminal defense cases.

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When is a prevailing plaintiff entitled to Attorney’s fees?

A prevailing plaintiff “ordinarily is to be awarded attorney’s fees in all but special circumstances,” but a prevailing defendant is to be awarded fees only “upon a finding that the plaintiff’s action was frivolous, unreasonable, or without foundation.”

Can the Eighth Circuit reverse an attorney’s fees award?

The Eighth Circuit reversed the attorney’s fees award, relying on its rule that, before a defendant can be deemed to have prevailed and thus eligible for fees, there must have been a favorable “judicial determination … on the merits.”

Can a defendant seek Attorney’s fees in a Title VII case?

In suits involving Title VII of the Civil Rights Act of 1964, “the court, in its discretion, may allow the prevailing party … a reasonable attorney’s fee.” A defendant seeking attorney’s fees in a Title VII case must show that (1) it is a prevailing party and (2) the plaintiff’s claim was frivolous, unreasonable, or groundless.

attorney fees utah

Does the Utah State Bar sell the address of a lawyer?

The Utah State Bar will not sell nor share this address with any third party. IOLTA Reporting – Reporting of Attorney IOLTA Status and Accounts is now a requirement for licensure as directed by the Utah Supreme Court. The Utah Bar Foundation has been appointed by the Utah Supreme Court to administer this program.

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