Aerotech, Inc. v. Estes Industries

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “a defendant may not recover attorneys’ fees when a plaintiff dismisses an action with prejudice absent exceptional circumstances”
• recognizing that fees and costs may be imposed for 23 a dismissal with prejudice in “exceptional circumstances”
• holding that the court will “continue to adhere to the rule that a 24 defendant may not recover attorneys’ fees when a plaintiff dismisses an action with 25 prejudice”
• determining that that fees may be awarded in “exceptional circumstances” where litigant repeatedly brings claims and dismissing them with prejudice, but court did not find exceptional circumstances in that case
• finding that a denial of costs is not warranted simply because a lawsuit was not brought in bad faith, since “[a]ll parties to a federal action have an obligation to act in good faith and with proper purpose”
• applying abuse of discretion standard to decision not to aw ard fees under Rule 41(a)(2)

Source: CourtListener parenthetical corpus (CC0).