Fifth Circuit Affirms Post Dismissal Attorneys’ Fee Claims, Again

When Automation Support and Humble Designs agreed to voluntarily dismiss all claims in a trade secrets theft suit, Humble reserved the right to seek attorney’s fees, which it did. Automation Support filed multiple appeals which eventually landed in the Fifth Circuit Court of Appeals. The Court affirmed a lower court’s decision and remanded for that court to award attorney’s fees. According to the Fifth Circuit, “Automation Support has inundated the district court and our court with rounds of frivolous filings” in the two years since the Fifth Circuit’s first ruling. In response to their “bad-faith refusal” to accept the earlier ruling, the defendants may now request attorney’s fees through a motion directly in the Fifth Circuit. Perhaps the best part of the court document is the Fifth Circuit’s use of a Dr. Seuss quote to get their point across.