First Circuit: Attorneys Fees and Costs May Far Exceed Damages In Copyright Infringement Cases

In Spooner v. EEN, Inc., 2011 WL 261178 (1st Cir. July 5, 2011), the First Circuit court of appeals considered a case where statutory damages were greatly outweighed by the attorneys fees awarded by the district court. The decision, helpful to any attorney hoping to get a sizeable fee award, is embedded below.

My book Copyright Litigation Handbook has an entire Chapter 18 titled Costs and Attorneys fees.  In Spooner, the First Circuit clarified that attorneys fees may be awarded "as costs".   So the appellate court does not have jurisdiction unless ALL costs have been fixed below, since it is then not a final judgment.  The Spooner court let the parties remedy the jurisdictional defect.

The various circuit courts of appeal take different approaches in awarding fees and costs. A knowledge of the case law is important to ensure that an application for attorneys fees and costs will be successful.


Spooner v EEN Inc

http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Second Circuit Local Rule: Attorneys Who Fail To Apply for Readmission Will Be Removed from the Rolls

Starting July 1, 2011, the Second Circuit Court of Appeals will start removing from its rolls attorneys who do not apply for readmission.

Many lawyers do not realize that when they are admitted to the bar of the state in which they practice, the story of being admitted to courts does not end there.   Federal district courts and appellate courts each require that the attorney be admitted to that court as well.   So, for example, I am admitted to the U.S. District Court for the Southern District of New York, and also admitted to the U.S. Court of Appeals for the Second Circuit.   Right now these courts are in the same building.  One might be surprised how often attorneys overlook the admission requirements.

The Second Circuit Court of Appeals' listing of attorneys admitted to practice before it can be found here.

The Court's announcement that it will be removing attorneys who don't apply for readmission here.

The Second Circuit's Local Rule 46.1 on Attorney Admission here.

Announcement below:

The Court has transferred its roll of admitted attorneys to the CM/ECF database and has posted the roll to the website. The roll consists of attorneys who originally were admitted:
* before April 1, 2004 and renewed admission pursuant to LR 46.1(a);
* after April 1, 2004 regardless of whether an attorney renewed admission.

For informational purposes the Court will continue to post on the website the roll listing attorneys admitted between January 1, 1985 and December 31, 2010. This "Archived Roll of Admitted Attorneys" will assist, in particular, an attorney who wishes to track a pre-April 1, 2004 admission date but has not yet renewed admission. If an attorney admitted between April 1, 2004, and December 31, 2010, does not see his/her name in the CM/ECF database but does see his/her name on the Archived Roll, please contact Admissions at 212-857-8640.

Pursuant to LR 46.1(a), an attorney who was admitted prior to January 14, 2006, and has not renewed admission is now considered in inactive status. After 12 months in inactive status, an attorney will be removed from the admission roll. That attorney must then reapply for admission in accordance with the rule to file a notice of appearance in connection with a case before the Court. The Court will begin to record inactive attorneys as removed from the Archived Roll on July 1, 2011.

 More on the federal circuit courts of appeal here.


Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Federal Appeals: Seventh Circuit Judge Posner's Tips on Appellate Advocacy in Federal Circuit Courts

Podcast:

Judge Richard Posner on Effective Appellate Advocacy Before A Federal Circuit Court

Judge Posner urges going outside the record for common sense and warns about the limitations of the minds of appellate judges and the need for plain speaking.  "Think about the lay person's questions"  "use pictures and charts in your briefs".

Judge Posner uses an example of a trademark appeal with no pictures in it...

Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Appellate Practice: Perfecting a Civil Appeal in Federal Court - Ninth Circuit

This is an exellent video explaining in simple language how to prepare an appeal in a federal civil case.   For anyone preparing an appellate argument, it is a good overview of the basics and a great way to remember how important it is to master the facts, prepare well, and to keep things clear and simple when arguing before the federal courts.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Hon William Rehnquist Welcoming New Circuit Judges - 1995

The late Justice William Rehnquist welcoming new Circuit judges - a production of the Federal Judicial Center.


 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Federal Bar Association Fifth Circuit Swearing in Ceremony - September 24

 The Vice Presidents of the

Federal Bar Association

for the Second Circuit

invite you to be sworn in to the

Fifth Circuit Court of Appeals

Honorable Edith H. Jones Presiding

Chief Judge of the

Fifth Circuit Court of Appeals

Date: September 24, 2010

Time: 8:00 a.m.

Place: New Orleans – Federal Bar Association Convention

For information http://www.fedbar.org/NewOrleans

Respectfully submitted,
Raymond J. Dowd
Amy Nussbaum Gell
Vice Presidents for the Second Circuit

R.S.V.P. Attendees must register at http://www.fedbar.org/
(early bird registration ends Sept 2)
Organized by the New Orleans Chapter of the Federal Bar Association
To join our Second Circuit delegation please r.s.vp. to
darias@dunnington.com
Tel: (212) 682-8811



Purchase Copyright Litigation Handbook from West here  

How To File an Appeal: Useful Checklist for Filing Civil Appeals in the Second Circuit

I have attached a checklist for practitioners who must file appeals with the Second Circuit. The Local Rules have changed, and with the changes wrought by electronic filing, it's a whole new world. I will participate in a CLE program today at 5:30 p.m. starring Catherine O'Hagan Wolfe, Clerk of the Second Circuit sponsored by the Federal Bar Association and the Second Circuit Judicial Council, you can find the program here.   If I come across any new surprises tonight, I will post them.

Practitioner's Checklist for Filing Civil Appeals in the Second Circuit


 Purchase Copyright Litigation Handbook from West here