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Chroma Lighting v. Gte Products Corporation

Chroma Lighting, a California Corporation and Charles T. Von Der Ahe, an Individual v. Gte Products Corporation, a Delaware Corporation, Sylvania Lighting Services Corporation, a Delaware Corporation

Chroma Lighting v. Gte Prods. Corp., 127 F.3d 1136 (9th Cir. 1997)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
October 15, 1997
Docket
No. 94-55581
Citations
127 F.3d 113697 Daily Journal DAR 129001997 WL 63183497 Cal. Daily Op. Serv. 80011997 U.S. App. LEXIS 28467

Opinion

127 F.3d 1136

CHROMA LIGHTING, a California corporation; and Charles T. Von Der Ahe, an individual, Plaintiffs-Appellees, v. GTE PRODUCTS CORPORATION, a Delaware corporation, et al., Defendants, Sylvania Lighting Services Corporation, a Delaware corporation, Defendant-Appellant.

No. 94-55581.

United States Court of Appeals, Ninth Circuit.

Oct. 15, 1997.

Before: BROWNING, NORRIS and REINHARDT, Circuit Judges.

ORDER 1

On June 5, 1997, plaintiffs-appellees Chroma Lighting and Charles T. Von Der Ahe ("Chroma") filed a motion for attorneys' fees totaling $ 214,511.00 as prevailing parties in an antitrust case. See 15 U.S.C. § 15 . On August 5, 1997, we called for a response to the motion. In their response, appellant argues that Chroma failed to comply with Ninth Circuit Rules 28-2.3 and 39-1.6, which require that a party seeking attorneys' fees on appeal include a statement to that effect in its opening brief, and so, is not eligible for attorneys' fees.

2

The requirement that parties notify the court of their intention to seek attorneys' fees in their opening brief was abrogated as of July 1, 1997. See 9th Cir. R. 39-1.6 (July 1, 1997). 1 This rule change effectively overrules Forrett v. Richardson, 112 F.3d 416 (9th Cir.1997), and applies to all pending cases. See James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 543 , 111 S.Ct. 2439, 2447 , 115 L.Ed.2d 481 (1991).

3

Accordingly, Chroma's motion for attorneys' fees is granted. This matter is transferred to the district court for further proceedings. 9th Cir. R. 39-1.8.

1

In the July 1, 1997 version of this court's rules, this requirement was removed from Circuit Rule 39-1.6. To the extent that this requirement still appears as part of Circuit Rule 28-2.3, it is inadvertent and will be corrected promptly

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2000: 12001: 22003: 12024: 120002026peak 2001 · 2

Relies on it most ⓘ

  1. Headwaters Forest Defense v. County of Humboldt211 F.3d 1121 (9th Cir. 2000)
  2. Industrial Burner Systems, Inc. v. Maxon Corp.275 F. Supp. 2d 878 (E.D. Mich. 2003)
  3. Headwaters Forest Defense v. the County of Humboldt240 F.3d 1185 (9th Cir. 2001)
  4. Little v. City of Manhattan Beach21 F. App'x 651 (9th Cir. 2001)
  5. Sheeler v. EldridgeNo. 4:22-cv-00313 (D. Idaho June 12, 2024)

Most recent

  1. Sheeler v. EldridgeNo. 4:22-cv-00313 (D. Idaho June 12, 2024)
  2. Industrial Burner Systems, Inc. v. Maxon Corp.275 F. Supp. 2d 878 (E.D. Mich. 2003)
  3. Little v. City of Manhattan Beach21 F. App'x 651 (9th Cir. 2001)
  4. Headwaters Forest Defense v. the County of Humboldt240 F.3d 1185 (9th Cir. 2001)
  5. Headwaters Forest Defense v. County of Humboldt211 F.3d 1121 (9th Cir. 2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
James B. Beam Distilling Co. v. Georgia, 501 U.S. 529 (1991) 653
Forrett v. Linford Richardson, Terry Frizell Ronald O. Loveridge Jack Clarke, 112 F.3d 416 (9th Cir. 1997) 40

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