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Does the RIAA Fear Counterclaims?
NewYorkCountryLawyer writes, "The RIAA seems to have a fear of counterclaims. In Elektra v. Schwartz, a case against a woman with Multiple Sclerosis, the RIAA is protesting on technical grounds Ms. Schwartz's inclusion of a counterclaim against them for attorneys fees. This counterclaim includes as an exhibit the ACLU, EFF, Public Citizen brief in Capitol v. Foster, which decried the RIAA's tactics as a 'driftnet.' In prior email correspondence between the lawyers Ms. Schwartz's attorney had offered to withdraw the counterclaim if the RIAA's lawyer could show him legal authority that its assertion was impermissible, saying 'I wouldn't want to get into motion practice over a mere formality.' The RIAA lawyer's response was 'I will let you know.'"
Well since you've started it, you might as well finish the job by including the 'notfud' 'yes' 'no' and 'maybe' tags.
The Question: Do federal courts have discretion over whether or not to force a loosing party to pay all or part of the victorious party's attorney's fees?
I sure hope the original didn't really use the word loosing. The opposite of winning is losing. Loosing is what you do when your pants are too tight.
Man, if I didn't know better, I'd swear you were me.
Except that I wouldn't post anonymously.
GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
... reading the Times of India.
You understand quite a lot of the individual words, but once they're put together into sentences you (or, more precisely I, as a native English speaker, YMMV of course) end up without the remotest clue what the overal paragraph means.
itsatrap!
If you think imaginary property and real property are the same, when does your house become public domain?
I think you were both right.
Ray Beckerman +5 Insightful