United States Ninth Circuit

In an appeal from an order granting attorney's fees to Defendant following Plaintiffs' voluntary dismissal of their copyright lawsuit, the order is reversed where, because Plaintiffs remained free to refile their copyright claims, they were not "prevailing parties" and thus were not entitled to attorney's fees.

Appellate Information

• Argued 05/08/2009
• Decided 06/26/2009
• Published 06/26/2009

Judges

• FISHER, Circuit Judge:, Before:  B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marty O'Toole, Law Offices of Marty O'Toole, Los Angeles, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Sandra Levin (argued), Michael A. Morguess, Colantuono & Levin, P.C., Los Angeles, CA, for defendant-appellee Terrance Loose, as Trustee of the William Loose Family Trust., George M. Belfield, Greenberg Traurig, LLP, Santa Monica, CA, for defendants-appellees Irma Loose and May-Loo Music, Inc.