The Port of Stockton v. Western Bulk Carrier Ks Western Bulk Carriers (Seattle) Inc.

How courts have described this case

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

• concluding that a litigant’s failure to timely file a request for attorneys’ fees forfeited any claim to fees
• rejecting parties' assumption that \some form of initial pleading—either a complaint or a counterclaim—is the appropriate manner by which [a party] should seek its costs.\
• “By failing to file an appropriate motion within 12 the relevant time limit . . . the Port waived any claim to attorneys’ fees . . . .”
• “By failing to file an appropriate motion within 8 the relevant time limit . . . the Port waived any claim to attorneys’ fees . . . .”
• “By 14 failing to file an appropriate motion within the relevant time limit . . . the Port waived any claim to 15 attorneys’ fees arising out of the original litigation, and therefore cannot recover them in this new 16 action.”
• “The question, 22 then, is whether the exception applies, i.e., whether the substantive law governing the underlying contract claim required the Port to prove its entitlement to attorneys’ fees ‘as an element of 23 damages . . . at trial.’” (quoting Fed. R. Civ. P. 54(d)(2

Source: CourtListener parenthetical corpus (CC0).