Judge Lasnik Denies Impulse Media's Request for Fees Under EAJA
The Impulse Media case (previous posts here and here) involved the government's efforts to hold a "mature"-oriented content company liable for the promotional efforts of its affiliates. The government lost after a jury trial, and inexplicably sought a post-trial injunction, which the court denied.
Defendant (Impulse Media) moved for attorney's fees under the Equal Access to Justice Act, which requires a showing basically that the government took an unjustified position on the law or facts. Judge Lasnik denied the request for fees, but in the process sort of blasted the government - in speaking about the government's decision to push the issue of IMG's intent following denial of its SJ Motion:
The government's decision to seek a resolution of that factual issue at trial was both reasonable and substantially justified. Although the jury ultimately concluded that plaintiff had failed to meet its burden of proof, the Court was left with the distinct impression that the plaintiff lost not because there was no evidence that defendant procured the transmission of the e-mails, but because plaintiff had failed to marshal the proof in a way that would convince the tech-savvy jury chosen by the parties.
Ouch (emphasis mine). I won't bother translating what's said between the lines.
Along the way, Judge Lasnik throws a bone to defense counsel, referring to their "first rate" job.
Access the order here [pdf].