Myron v. Terhune

How courts have described this case

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

• granting sanctions where plaintiff asserted claims for statutory damages after he knew such recovery was legally barred
• “[T]he presence of improper motivation in bringing a lawsuit or other bad faith conduct weighs heavily in favor of an award of costs and fees.”
• “[A]n award of costs and fees 17 is crucial here, so as to deter this plaintiff, and other similarly situated plaintiffs, from bringing 18 unreasonable claims.”
• “In considering whether there has been bad faith, the court may consider the manner in which the action was brought and the manner in which it was litigated.”
• “[W]hen the plaintiff [in a copyright action] recovers less than the defendant’s formal offer of judgment[,] . . . Rule 68 . . . requires an award to defendant of its fees incurred after that offer.” (internal quotation omitted) (citing Jordan, 111 F.3d at 104–05

Source: CourtListener parenthetical corpus (CC0).