US Supreme Court loosens fee shifting standard in Octane and Highmark decisions

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US Supreme Court loosens fee shifting standard in Octane and Highmark decisions

April 29 2014

The Supreme Court has unanimously reversed the Federal Circuit and rejected the Brooks Furniture framework for fee shifting in Octane v Icon, while holding that all aspects of a district court’s exceptional-case determination should be reviewed for abuse of discretion in Highmark v Allcare

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