TIME, INC.

v.

PAPE

Citator

Cited By

• Antowyn Cauley v. Wilson, 754 F.2d 769 (7th Cir. 1985)
  …78-80 (1971). Fees are not awarded when a plaintiff obtains a dismissal with prejudice because the “defendant cannot be made to defend again.” Smoot v. Fox, 353 F. 2d 830, 833 (6th Cir.1965), cert. denied sub. nom. League of Women Voters v. Smoot, 384 U.S. 909, 86 S.Ct. 1342, 16 L.Ed.2d 361 (1966). In the case of a dismissal without prejudice, however, the defendant may have to defend again at a later time and incur duplicative legal expenses. Id. Thus the fee award should reimburse the defendant for e…
• Meiners v. Moriarity, 563 F.2d 343 (7th Cir. 1977)
  …, 383 U.S. 75, 84-85, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966), this court has held a deputy chief of detectives and lieutenant of the Chicago police department to be as “public officials.” Pape v. Time, Inc., 354 F. 2d 558 (7th Cir. 1965), cert. denied, 384 U.S. 909, 86 S.Ct. 1339, 16 L.Ed.2d 361 (1966). In Rosenblatt, 383 U.S. at 86, 86 S.Ct. at 676, while discussing the concept of public officials, the Supreme Court, stated: The thrust of New York Times is that when interests in public discussion are particu…
• Colombrito v. Galen G. Kelly, 764 F.2d 122 (2d Cir. 1985)
  …for the litigation costs incurred, in view of the risk (often the certainty) faced by the defendant that the same suit will be refiled and will impose duplicative expenses upon him. See Smoot v. Fox, 353 F. 2d 830, 833 (6th Cir. 1965), cert. denied, 384 U.S. 909, 86 S.Ct. 1342, 16 L.Ed.2d 361 (1966); John Evans Sons, Inc. v. Majik-Ironers, Inc., 95 F.R.D. 186, 191 (E.D.Pa.1982). In contrast, when a lawsuit is voluntarily dismissed with prejudice under Fed.R. [*134] Civ.P. 41(a)(2), attorney’s fees have alm…