Milton H. Greene Archives, Inc. v. Julien's Auction House LLC

dissenting:

I respectfully dissent from paragraph 17 of the majority’s memorandum disposition. While the district court was aware of the *250 factors to be weighed in exercising its discretion to award attorneys’ fees under the Copyright Act, I have a “definite and firm conviction that the district court committed a clear error of judgment” in its application of those factors. Smith v. Jackson, 84 F.3d 1213, 1221 (9th Cir.1996). Milton H. Green Archives (“Archives”) “won” a judgment amounting to approximately 1% of its damages request. The district court described this nominal victory as being “virtually negligible” and a “bust.” It said that “Plaintiff is entitled to be deemed the prevailing party, but cannot claim to be victorious.” The district court was highly critical of the Archives’ attorneys’ “transparently bogus” and “misguided” work. It found the attorneys’ fee submissions to be, literally, incredible. Given these and the other findings of the district court (e.g., “flagrant greed,” “systematically engaging] in conduct that caused the case to be blown out of proportion,” “embarrassing sloppiness,” “miscit[ing] the law,” and incorrectly characterizing the district…

MEMORANDUM *

Milton H. Greene Archives, Inc. (“Archives”) appeals from final judgment following a jury trial in its action for copyright infringement against Julien’s Auction House, LLC and related parties (“Ju-lien’s”) and Barclay Butera, Inc. and related parties (“Barclay”). Archives argues that the district court improperly denied its motion for new trial, asserting various procedural and evidentiary errors and contending that the jury’s verdict on damages was inadequate and/or against the weight of the evidence. Archives also separately appeals the district court’s denial of a permanent injunction and the award of attorneys’ fees. Julien’s cross-appeals the district court’s award of attorneys’ fees to Archives. We affirm the district court in all respects.

1. The jury’s verdict and award of actual damages against Julien’s is supported by the evidence. Landes Constr. Co. v. Royal Bank of Can., 833 F.2d 1365, 1372 (9th Cir.1987). Given the record, the district court did not err in concluding that the evidence provides a “ ‘reasonable basis’ *247 for the jury’s verdict.” Molski v. M.J. Cable, Inc., 481 F.3d 724, 729-30 (9th Cir.2007) (citations omitted); Alford v. Haner, 446…