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TufAmerica v. Diamond

By Mike Steger

In a recent Southern District of New York decision, Judge Nathan reduced the attorneys' fee award she had previously granted to the prevailing defendants in TufAmerica v. Diamond. Plaintiff TufAmerica had requested a reduction in the fee award from approximately $850,000 to $50,000 because of (1) its claimed lack of assets, (2) that its prior attorney had failed to properly investigate the faulty chain of title of the copyright on which it filed its claim, and (3) the Supreme Court's decision on attorney's fees in Kirtsaeng v. John Wiley & Sons ("Kirtsaeng II"). After reviewing all of the relevant factors, Judge Nathan found that TufAmerica's positions in the case were objectively unreasonable, and that a substantial attorney's fee award was necessary to deter such actions in the future. Given the evidence of TufAmerica's financial position, however, she did reduce the attorney fee award to $450,000.

SKMBT_C45218020718040.pdf

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This page contains a single entry from the blog posted on February 11, 2018 4:48 PM.

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