From our private database of 13,300+ case briefs...
FM Industries, Inc. v. Citicorp Credit Services, Inc.
United States Court of Appeals for the Seventh Circuit
614 F.3d 335 (2010)
FM Industries, Inc. (FM) (plaintiff) published computer software whose copyright FM later registered. Prior to registration, FM licensed the software to Citicorp Credit Services, Inc. (Citicorp) (defendant). After a dispute over fees, FM sued Citicorp for infringing its copyright. FM also sued the Law Offices of Ross Gelfand, LLC (defendant), Citicorp’s outside counsel, for continuing to use the software after the license was terminated. Through its attorney Wayne Rhine, FM sought more than $15 billion in statutory damages and $235 million in actual damages. FM sought to depose Citicorp’s chairman despite there being no link between the chairman and the lawsuit. FM filed discovery demands on a number of nonparty law firms without complying with Federal Rule of Civil Procedure (FRCP) 45. FM missed numerous discovery deadlines, yet sought $815 million in sanctions against the defendants when they missed a single deadline by one day. The district court dismissed FM’s claims for damages, because (1) its late registration date made statutory damages unavailable and (2) FM had not proven actual damages. Other claims were set for trial. When attorney Rhine was tasked, pursuant to federal and local rules, to prepare a pretrial order, he flouted the obligation repeatedly. After Rhine failed to prepare an adequate draft upon the court’s admonition, the court dismissed FM’s claims. FM moved for reconsideration but did not proceed to work on the pretrial order. Eleven weeks later, the court ordered FM to pay the defendants’ attorneys’ fees. The court held Rhine personally liable for approximately $37,500 in attorneys’ fees attributable to his vexatious proliferation of proceedings. The court also held another attorney who had been retained to assist in the case, William McGrath, jointly and severally liable for most of the fees charged to Rhine. FM appealed.
Rule of Law
Holding and Reasoning (Easterbrook, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 139,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.