Kirtsaeng v. John Wiley & Sons, Inc., 136 S. Ct. 1979, 579 U.S., 195 L. Ed. 2d 368 (2016). Though, if truth be told, despite the admonition, on remand, the District Court still denied attorneys' fees.
"And on that score, Kirtsaeng has raised serious questions about how fee-shifting actually operates in the Second Circuit. To be sure, the Court of Appeals' framing of the inquiry resembles our own: It calls for a district court to give "substantial weight" to the reasonableness of a losing party's litigating positions while also considering other relevant circumstances. See 605 Fed.Appx., at 49-50; Matthew Bender, 240 F.3d, at 122. But the Court of Appeals' language at times suggests that a finding of reas
The Supreme Court sent the case back to the Kirtsaeng District Court with this observation: