Cox Continues Torrent Piracy Appeal of BMG Attorney Fees
Awarding BMG attorneys' fees in its torrent piracy lawsuit against Cox Communications was an abuse of discretion, given the novel issues the case presented and the "strong and substantial basis" of Cox's position, Cox said in a supplemental opening brief…
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(in Pacer) filed Wednesday with the 4th U.S. Circuit Court of Appeals. Cox also said the lower court erred in saying Cox couldn't recover costs and attorney fees incurred defending itself against claims brought by plaintiff Round Hill that were dismissed on summary judgment. It said determining the prevailing party in a complaint with multiple plaintiffs has to be done independently for each opposing party, or else plaintiffs bringing frivolous claims wouldn't face liability for fees because their cases would be consolidated with that of a plaintiff without a valid claim. Cox is fighting BMG's motion for $10.48 million in attorney's fees and $2.92 million in expenses (see 1610030005).