Fogerty V. Fantasy - Concurring Opinion

Concurring Opinion

Justice Thomas argued that, consistent with the statutory language, district courts should have discretion to award attorney's fees to both prevailing plaintiffs and prevailing defendants not only in copyright cases but also in Title VII cases. Because the Court had previously adopted a double standard in Title VII cases, Justice Thomas argued that the Court should overrule its cases setting forth the different standard for attorney's fees in Title VII cases.

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