Fifth Circuit Channels Dr. Suess: ‘We Meant What We Said, and We Said What We Meant’
December 10, 2020 by Brown Fox
Humble Design, represented by Brown Fox’s Eric Wood, wins a third time at Fifth Circuit
In a recently published opinion garnering national news, the Fifth Circuit conclusively held in Automation Support, Incorporated v. Humble Design, L.L.C., et. al. that a Fed. R. Civ. P. 41 stipulation of dismissal does not deprive the trial court of subject matter jurisdiction to rule on a fee request or other ancillary matter. This was the third trip to the Fifth Circuit in this matter, each opinion being decided in favor of the Appellees, Humble Design, LLC and Warren David Humble. The Fifth Circuit was sufficiently frustrated with the Appellant’s continued “bad-faith refusal” to recognize and abide by the Court’s prior rulings, and invited Appellees to seek their appellate attorney’s fees against Appellant under 28 U.S.C.A. § 1927.” Circuit Judge Gregg Costa colorfully, yet forcefully quoted Dr. Seuss, “We meant what we said, and we said what we meant.”
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