District Judge Rejects Walmart's Request for Fees Based on Similar Discretionary

"Even though the court ultimately decided against Giovannelli, he reasonably argued that his publicity act claim was not time-barred because, in his view, the discovery rule applied and extended the statute of limitations for his claim. Thus, Giovannelli’s arguments contesting the statute of limitations defense were not frivolous; rather, they were founded upon a reasonable (though losing) request that this court apply an oft-litigated exception to the statute of limitations," Judge Edmond E. Chang wrote.