Legal Opinion
Kirtsaeng v. John Wiley & Sons, Inc.
Supreme Court of the United States
Decided June 16, 2016No. 15–375PublishedCited by 210 opinions
1Opinion of the CourtJustice Kagan
Section 505 of the Copyright Act provides that a district court "may ... award a reasonable attorney's fee to the prevailing party." 17 U.S.C. § 505 . The question presented here is whether a court, in exercising that authority, should give substantial weight to the objective reasonableness of the losing party's position. The answer, as both decisions below held, is yes-the court should. But the court must also give due consideration to all other circumstances relevant to granting fees; and it retains discretion, in light of those factors, to make an award even when the losing party advanced…
2Cases cited16 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
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3Cited by210 opinions
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