Robinson v. O'Rourke

1 Citing case

  1. Beach Blitz Co. v. City of Miami Beach, Fla.

    13 F.4th 1289 (11th Cir. 2021)   Cited 41 times
    Holding that even when the district court dismissed claims without prejudice, its order granting a Rule 12(b) motion carried “judicial imprimatur” and could convey prevailing party status

    CRST highlighted "the asymmetry in the parties’ litigation objectives, which affects the showing that each party must make to achieve prevailing-party status" and held that a defendant "prevails ‘whenever the plaintiff's challenge is rebuffed, irrespective of the precise reason for the court's decision.’ " Robinson v. O'Rourke, 891 F.3d 976, 982 (Fed. Cir. 2018) (quoting CRST, 136 S. Ct. at 1651 ); see also B.E. Tech., L.L.C. v. Facebook, Inc., 940 F.3d 675, 679 (Fed. Cir. 2019), cert denied, ––– U.S. ––––, 141 S. Ct. 618, 208 L.Ed.2d 227 (2020) ("Facebook obtained the outcome it sought via the mootness dismissal; it rebuffed B.E.’s attempt to alter the parties’ legal relationship in an infringement suit .... CRST explains that a defendant, like Facebook, can prevail by ‘rebuffing’ plaintiff's claim, irrespective of the reason for the court's decision."). Of course, in order to confer prevailing party status, the rejection of the plaintiff's attempt to alter the parties’ legal relationship "must be marked by ‘judicial imprimatur.’ " CRST, 136 S. Ct. at 1646 (citation omitted).