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· 7/9/2010

Lorillard Tobacco Co. v. Engida

Citations

  • 611 F.3d 1209
  • 77 Fed. R. Serv. 3d 282
  • 95 U.S.P.Q. 2d (BNA) 1846
  • 2010 U.S. App. LEXIS 14028
  • 2010 WL 2700264

How courts have described this case

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

  • applying the abuse of discretion standard when reviewing an award of attorney fees under the Lanham Act
  • “[A] district court need not have subject matter jurisdiction to award attorney’s fees pursuant to [Colo. Rev. Stat. §] 13-17-102.”
  • sanctions under state statute for frivolous claim “may be imposed despite 4 a court’s lack of subject matter jurisdiction to adjudicate the underlying merits of the action” (quotation omitted)
  • “Further, a claim lacks substantial justification if it lacks supporting evidence or the party pursing the claim cannot make a rational argument in its support based on the evidence or governing law.”
  • “In reviewing state law awards of attorney’s fees, . . . it has been our consistent practice to look to our own precedent on this purely procedural issue—viz., the applicable standard of review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, McKay, Holmes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.