Spear Marketing v. BancorpSouth Bank, No. 16-10155 (5th Cir. 2016)Annotate this Case
After the district court awarded BancorpSouth nearly $1 million in attorneys’ fees under state law, or, in the alternative, under the Copyright Act, 17 U.S.C. 101 et seq., Spear Marketing appealed. Spear Marketing argued that the district court erred in awarding attorneys’ fees under state law because its state law claim was preempted and erred in alternatively awarding attorneys’ fees under the Copyright Act because it never pleaded or litigated a copyright claim. The court concluded that the district court did not err in awarding attorneys' fees under the state law because no court has ever held the state law claim to be preempted.
The court issued a subsequent related opinion or order on January 12, 2017.