U.S. Supreme Court,
Civil Procedure
Mar. 11, 2025
U.S. Supreme Court bars plaintiffs' attorney's fees for preliminary injunction victories
A significant U.S. Supreme Court ruling redefines when plaintiffs can recover legal fees, potentially reshaping litigation strategy in copyright, trademark, and civil rights cases.
Lee S. Brenner
Venable LLPUC Hastings
Lee Brenner, chair of Venable's Entertainment and Media Litigation Group, is a trial attorney and business litigator based in the firm's Los Angeles office.
Joshua J. Kaufman
Joshua J. Kaufman is head of Venable's Copyright and Licensing Group and co-chair of Venable's Art Law Group, based in Washington D.C.
Matthew Raber
Associate, Venable LLP
On Feb. 25, 2025, the U.S. Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney's fees under 42 U.S.C. § 1988(b) because they do not qualify as "prevailing parties." See Lackey v. Stinnie, 604 U.S. ___ (2025). Chief Justice Roberts, writing for the court, explained that obtaining a preliminary injunction does not confer "prevailing party" status under § 1988. The court reasoned that preliminary injunctions do no...
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