STATE OF NEW JERSEY VS. JOSHUA NICHOLSON (13-12-0773, SOMERSET COUNTY AND STATEWIDE)

How courts have described this case

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

• recognizing that “[t]here is no per se rule that a case is exceptional if litigation costs exceed the potential damages,” and that a party’s position is not exceptional merely because the position did not withstand summary judgment
• affirming denial of fee award where there were “shortcomings in [defendant’s] positions that did not amount to a showing that ; [defendant’s] behavior was exceptional, amounting to the type of unreasonableness discussed in Octane.”
• “Though ATEN’s lost profits theory was not strong enough to withstand summary judgment, ‘[a] party’s position . . . ultimately need not be correct for them to not ‘stand[ ] out.’” (alterations in original

Source: CourtListener parenthetical corpus (CC0).