“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.
“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.
