United States Ninth Circuit

In an action brought by Costco against the Washington State Liquor Control Board and certain state officials contending that several of the state's liquor laws violate the Commerce Clause and federal antitrust law, a ruling in favor of Costco on most of its claims but finding that it could not recover attorney's fees and costs from an intervenor is affirmed in part and vacated in part where: 1) intervenor was not liable for fees and costs under 42 U.S.C. section 1988(b); but 2) a remand was required on the issue of fee liability under 15 U.S.C. section 26 for a determination of whether Costco "substantially prevailed" on its antitrust claims within the meaning of that statute.

Appellate Information

• Argued 04/11/2008
• Decided 08/15/2008
• Published 08/15/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David J. Burman, Perkins Coie LLP, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Paul R. Romain and John C. Guadnola, Gordon Thomas Honeywell Malanca Peterson & Daheim LLP, Tacoma, WA, for the intervenor-appellee.