In Horowitz v 148 South Emerson Assocs LLC (Case No 16-3912-cv (Second Circuit, 20 April  2018)) (Walker J), addressing for the first time whether attorneys’ fees should be included in an award of costs under Federal Rule of Civil Procedure 41(d), the US Court of Appeals for the Second Circuit has affirmed the district court’s decision to include such fees, but nonetheless vacated and remanded the district court’s dismissal of the complaint pursuant to the ‘first-filed’ rule.

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