M.S. Koly and Delcath Systems, Inc., v. Elizabeth Enney, Case No. 3:06-CV-68-JTC

  March 9, 2009
  Libel / Slander
  US: District Court
  Atlanta, GA
  3:06-CV-68-JTC
  508 F.Supp. 2d 1254

Defendant

Elizabeth Enney

Cynthia Lynn Counts
Avvo Rating: 10.0 (Superb)

12(c) motion for judgment on pleadings

Client won 12(c) judgment on the pleadings against a publicly traded corporation and its CEO. The District Court denied our motion for attorney fees on the grounds that it would give the other side the "benefit of the doubt." We appealed that decision and the 11th Circuit reversed the district court judge fore abuse of discretion for denial of attorney fees motion and of course affirmed District Court's grant or our motion for judgment on the pleadings. Ultimately we won a $545,000 settlement for our client's attorney fees.



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