Legal Opinion
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
Court of Appeals for the Seventh Circuit
Decided November 23, 2010No. 10-2327PublishedCited by 28 opinions
1Opinion of the Court
POSNER, Circuit Judge.
After Anodyne successfully defended against Nightingale’s suit, see 589 F.3d 881 (7th Cir.2009), the district judge granted the defendant’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits — but only in “exceptional cases,” a term we shall try to clarify in this opinion because of the surprising lack of agreement among the federal courts of appeals concerning its meaning in the Act. See, e.g., 5 J. Thomas McCarthy, McCarthy on…
2Cases cited28 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Carlton Hart v. Christine ManninaCourt of Appeals for the Seventh Circuit · 2015
- Jendusa-Nicolai v. LarsenCourt of Appeals for the Seventh Circuit · 2012
- Vincent Peters v. Kanye WestCourt of Appeals for the Seventh Circuit · 2012
- Community of Christ Copyright Corp. v. Devon Park Restoration Branch of Jesus Christ's ChurchCourt of Appeals for the Eighth Circuit · 2011
- Fair Isaac Corp. v. Experian Information Solutions, Inc.Court of Appeals for the Eighth Circuit · 2011
23 more not listed; retrieve them via the Exa API.