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News Room
08/31/2009
Lincoln Bandlow Analyzes the Consequences of Cadkin v. Loose for Media Law Resource Center
Lathrop & Gage attorney Lincoln Bandlow (Business Litigation - Los Angeles) has published "Voluntary Dismissal And Fee Awards In Copyright Cases" in the August 2009 edition of the Media Law Resource Center newsletter. In this latest piece, Mr. Bandlow dissects the June Ninth Circuit decision that held that when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims, the defendant cannot be deemed the “prevailing party,” and hence Corcoran v. Columbia Broadcasting System is “no longer good law.” Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009).
"Defendants in a copyright infringement action who have undergone the time and expense of preparing and filing a motion that causes the plaintiff to voluntarily dismiss the action without prejudice should feel happy that they will most likely never see that lawsuit again," writes Mr. Bandlow, who practices sophisticated business litigation and specializes in litigating media, first amendment, intellectual property and other entertainment-related matters. "Unfortunately, under Cadkin, the other thing these defendants will never see again is the money they spent convincing the plaintiff that the claim should never have been brought in the first place."
Mr. Bandlow has represented clients in the motion picture, television, publishing, broadcasting and advertising fields. In addition, he has represented several of the principal underwriters for the entertainment industry. He also practiced first amendment and entertainment litigation, having litigated and tried cases in both state and federal court involving claims for copyright infringement, defamation, right of publicity, right of privacy, trademark infringement and related claims.
The Media Law Resource Center – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields. More information can be obtained at www.medialaw.org.
Lathrop & Gage attorney Lincoln Bandlow (Business Litigation - Los Angeles) has published "Voluntary Dismissal And Fee Awards In Copyright Cases" in the August 2009 edition of the Media Law Resource Center newsletter. In this latest piece, Mr. Bandlow dissects the June Ninth Circuit decision that held that when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims, the defendant cannot be deemed the “prevailing party,” and hence Corcoran v. Columbia Broadcasting System is “no longer good law.” Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009).
"Defendants in a copyright infringement action who have undergone the time and expense of preparing and filing a motion that causes the plaintiff to voluntarily dismiss the action without prejudice should feel happy that they will most likely never see that lawsuit again," writes Mr. Bandlow, who practices sophisticated business litigation and specializes in litigating media, first amendment, intellectual property and other entertainment-related matters. "Unfortunately, under Cadkin, the other thing these defendants will never see again is the money they spent convincing the plaintiff that the claim should never have been brought in the first place."
Mr. Bandlow has represented clients in the motion picture, television, publishing, broadcasting and advertising fields. In addition, he has represented several of the principal underwriters for the entertainment industry. He also practiced first amendment and entertainment litigation, having litigated and tried cases in both state and federal court involving claims for copyright infringement, defamation, right of publicity, right of privacy, trademark infringement and related claims.
The Media Law Resource Center – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields. More information can be obtained at www.medialaw.org.
About Lathrop & Gage:
A leading Midwest full-service law firm, Lathrop & Gage LLP has approximately 300 attorneys in 11 offices nationwide – from Los Angeles to New York, New York. In 2009, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in the Midwest. For more information, visit www.lathropgage.com or www.beentherewonthat.com.
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