Legal Opinion

Dunster Live, L.L.C. v. LoneStar Logos Mgmt Compan

Court of Appeals for the Fifth Circuit

Decided November 13, 2018No. 17-50873PublishedCited by 17 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But the appeal does not require us to decide anything about trade secrets. It instead raises a question of attorney's fees that we have addressed in the context of other federal statutes that allow prevailing parties to recover fees: Is a defendant eligible for fees when the plaintiff obtains a dismissal without prejudice? Because such a dismissal does not establish the winner of the dispute, we AFFIRM the denial of fees.

I

Plaintiff and Defendants…

2Cases cited18 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. Morissette v. United StatesSupreme Court of the United States · 1952
  5. Bragdon v. AbbottSupreme Court of the United States · 1998

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3Cited by17 opinions

  1. Automation Support, Inc. v. Becky WallaceCourt of Appeals for the Fifth Circuit · 2020
  2. BlueLinx Corporation v. EdwardsDistrict Court, N.D. Texas · 2024
  3. Brister v. Federal Bureau of PrisonsDistrict Court, E.D. Texas · 2020
  4. Cornerstone Group Architects LLP v. Dager Construction, Inc.District Court, W.D. Texas · 2025
  5. Cornerstone Group Architects LLP v. Dager Construction, Inc.District Court, W.D. Texas · 2025

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