Attorneys for a chain of three Michigan late-term abortion clinics are claiming their client cannot afford to pay $350,000 in attorney fees to lawyers who successfully defended Gregg Cunningham and the Center for Bio-Ethical Reform in Northland’s frivolous lawsuit against them.

In 2011 Northland Family Planning Centers sued CBR for posting what it called “the most shocking 4-minute abortion debate you will ever see,” which juxtaposed a video produced by Northland touting “the goodness” of abortion with cuts showing the reality of abortion.

Northland claimed copyright infringement, and CBR counterclaimed protection under the Fair Use trademark law.

Six weeks ago Judge James Selna of the U.S. District Court for the Central District of California dismissed Northland’s lawsuit on a Motion for Summary Judgment, meaning he thought Northland’s case was too weak to even bring to trial.

Because Northland’s case was deemed frivolous, attorneys at the American Freedom Law Center, which represented CBR, filed a petition for award of its fees of $350,000.