Tenth Circuit· 4/11/1997

Aerotech, Inc. v. Estes Industries

Citations

110 F.3d 1523
37 Fed. R. Serv. 3d 867
1997 U.S. App. LEXIS 6699
1997 WL 170270

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).

Judges: Tacha, Baldock, Brorby

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Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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