Robinson v. O'Rourke

2 Citing cases

  1. Blair v. Alstom Transp., Inc.

    16 Civ. 3391 (PAE) (S.D.N.Y. Aug. 5, 2020)

    Under § 285, "a favorable judgment on the merits is not necessary for a defendant to be deemed a prevailing party for purposes of statutory fee-shifting." Raniere v. Microsoft Corp., 887 F.3d 1298, 1303 (Fed. Cir. 2018); cf. CRST Van Expedited, Inc. v. EEOC, 136 S. Ct. 1642, 1646, 1651 (2016) (holding the same as to a similarly worded provision of Title VII and noting that "Congress has included the term 'prevailing party' in various fee-shifting statutes, and it has been the Court's approach to interpret the term in a consistent manner"); see also Robinson v. O'Rourke, 891 F.3d 976, 981-82 (Fed. Cir. 2018). Although a "defendant, of course, might prefer a judgment vindicating its position regarding the substantive merits of the plaintiff's allegations," the Supreme Court has held that "[t]he defendant has . . . fulfilled its primary objective whenever the plaintiff's challenge is rebuffed, irrespective of the precise reason for the court's decision.

  2. Pirri v. Cheek

    19 Civ. 180 (PAE) (S.D.N.Y. May. 18, 2020)   Cited 6 times
    Awarding fees where "in the Court's more than eight-and-one-half years on the bench, [plaintiff's] filings stand apart from those of other failed civil plaintiffs for the sheer lack of colorable factual (or legal support); for their tendentious, bizarre, non-responsive and caustically accusatory arguments; and for their disregard for, and selective presentation of, evidence"

    Under § 285, "a favorable judgment on the merits is not necessary for a defendant to be deemed a prevailing party for purposes of statutory fee-shifting." Raniere v. Microsoft Corp., 887 F.3d 1298, 1303 (Fed. Cir. 2018); cf. CRST Van Expedited, Inc. v. EEOC, 136 S. Ct. 1642, 1646, 1651 (2016) (reaching the same holding as to a similarly worded provision of Title VII and noting that "Congress has included the term 'prevailing party' in various fee-shifting statutes, and it has been the [Supreme] Court's approach to interpret the term in a consistent manner"); see also Robinson v. O'Rourke, 891 F.3d 976, 981-82 (Fed. Cir. 2018). While a "defendant of course, might prefer a judgment vindicating its position regarding the substantive merits of the plaintiff's allegations," the Supreme Court has held that "[t]he defendant has . . . fulfilled its primary objective whenever the plaintiff's challenge is rebuffed, irrespective of the precise reason for the court's decision.