Legal Opinion

Spear Marketing, Incorporated v. BancorpSouth Bank

Court of Appeals for the Fifth Circuit

Decided December 22, 2016No. 16-10155PublishedCited by 33 opinions

1Opinion of the Court

KING, Circuit Judge:

This case is before us for the second time. Following our first decision, the district court awarded Defendants-Appellees nearly $1 million in attorneys’ fees under state law, or, in the alternative, under the Copyright Act. Now, Plaintiff-Appellant Spear Marketing, Inc. appeals this award, arguing that the district court ■ erred in awarding attorneys’ fees under state law because its state law claim was- preempted and erred in alternatively awarding attorneys’ fees under the Copyright Act because it never pleaded or litigated a copyright claim. We conclude that no court…

2Cases cited15 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  3. Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  4. Baker Botts L.L.P. v. ASARCO LLCSupreme Court of the United States · 2015
  5. Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011

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3Cited by33 opinions

  1. Mitchell v. Advanced HCSCourt of Appeals for the Fifth Circuit · 2022
  2. American K-9 Detection Services, LLC and Hill Country Dog Center, Llc v. Latasha FreemanTexas Supreme Court · 2018
  3. Mark McManaway v. KBR, IncorporatedCourt of Appeals for the Fifth Circuit · 2017
  4. Transverse v. IA Wireless SrvCourt of Appeals for the Fifth Circuit · 2021
  5. Automation Support, Inc. v. Becky WallaceCourt of Appeals for the Fifth Circuit · 2018

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