November 13, 2018 Top Story

Do "Costs" Equal “Fees” Under Rule 41(d)? It Depends on the Court

Circuit court chooses sides in circuit split over attorney fees after voluntary dismissal

By Anthony R. McClure

Taking sides in a growing circuit split, a U.S. Court of Appeals recently allowed the recovery of attorney fees under Rule 41(d) of the Federal Rules of Civil Procedure.

Four partners of a seafood restaurant filed four lawsuits over The Sloppy Tuna trademark

Four partners of a seafood restaurant filed four lawsuits over The Sloppy Tuna trademark

iStockphoto by Getty Images

In deciding Horowitz v. 148 South Emerson Assocs. LLC, the Second Circuit sided with the Eighth and Tenth Circuits, and parted ways with the Fourth, Fifth, Sixth, and Seventh Circuits.

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