Case: Unfair Competition & False Advertising/Attorneys’ Fees (D. Del.)

SPX Corp.'s motion for attorneys’ fees, following Mixing & Mass Transfer Technologies LLC’s voluntary dismissal without prejudice of its action against SPX for unfair competition and false advertising, was denied by the federal district court in Delaware. The court found that SPX was not a prevailing party such that attorneys’ fees may be available, because a voluntary dismissal without prejudice would not materially alter the legal relationship of the parties, nor would the court’s dismissal without prejudice, since neither dismissal would prevent MMTT from reasserting those same claims against SPX in another action; therefore, this is not the type of ...