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CADKIN v. LOOSE

No. 08-55311.

569 F.3d 1142 (2009)

Emil CADKIN, an individual; Lila Cadkin, as trustee of the Cadkin Trust, Plaintiffs-Appellants, v. Irma LOOSE, an individual; May-Loo Music Inc., a California corporation; Terence Loose, as trustee of the William Loose Family Trust, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2009.

Attorney(s) appearing for the Case

Marty O'Toole, Law Offices of Marty O'Toole, Los Angeles, CA, for the plaintiffs-appellants.

Sandra Levin (argued), Michael A. Morguess, Colantuono & Levin, P.C., Los Angeles, CA, for defendant-appellee Terrance Loose, as Trustee of the William Loose Family Trust.

George M. Belfield, Greenberg Traurig, LLP, Santa Monica, CA, for defendants-appellees Irma Loose and May-Loo Music, Inc.

Before: B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.

FISHER, Circuit Judge:

This appeal concerns whether a defendant is entitled to attorney's fees as a prevailing party under § 505 of the Copyright Act, 17 U.S.C. § 505, when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims. In Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir.1941), we held a defendant in a copyright suit was a prevailing party and was...

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