District Judge Rejects Walmart's Request for Fees Based on Similar Discretionary-Fee Provision

“Although the court docket finally determined towards Giovannelli, he fairly argued that his publicity act declare was not time-barred as a result of, in his view, the invention rule utilized and prolonged the statute of limitations for his declare. Thus, Giovannelli’s arguments contesting the statute of limitations protection weren’t frivolous; relatively, they had been based upon an affordable (although dropping) request that this court docket apply an oft-litigated exception to the statute of limitations,” Choose Edmond E. Chang wrote.