November 14th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Dunster Live, LLC v. LoneStar Logos Management Co.

Docket: 17-50873
Opinion Date: November 13, 2018
Judge: Costa
Areas of Law: Business Law, Intellectual Property, Legal Ethics

Under the Defend Trade Secrets Act, a defendant is not eligible for fees when the plaintiff obtains a dismissal without prejudice because such a dismissal does not establish the winner of the dispute. The Fifth Circuit held that taking the lead early in the lawsuit did not make defendants eligible for fees, nor did the trial court's postponement of the litigation when it allowed plaintiff to dismiss the federal suit without prejudice. Accordingly, the court affirmed the district court's denial of fees.

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