Am. Mun. Power Inc. v. Bechtel Power Corp. (Slip Opinion)

How courts have described this case

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

• holding that courts must make a “particularized, case-by-case assessment” to determine whether to award fees and costs
• recognizing that a court may order attorneys' fees \because of a party's litigation misconduct.\
• explaining that awarding attorneys’ fees based on objective unreasonable “deters those with weak [legal positions] from proceeding with litigation.”
• explaining that awarding fees encourages “[t]he copyright holder with no reasonable infringement claim . . . not to bring suit in the first instance”
• reasoning that this factor “encourages parties with strong legal positions to stand on their rights and deters those with weak ones from proceeding with litigation”
• noting that, although objective reasonableness is “an important factor in assessing fee applications,” it is not, standing alone, “controlling”

Source: CourtListener parenthetical corpus (CC0).