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CEB Prac. Guide § 2B.33: Attorneys Fees

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In Credit One Bank, N.A. v. Lieberman, No. 22-1871, 2023 U.S. App. LEXIS 14853, at *1-9 (3d Cir. June 15, 2023), the Court of Appeals for the 3rd Circuit addressed re-allocation of arbitrator's fees and attorneys' fees based on an arbitrator's conclusion that TCPA claimant had manufactured the claim. Pursuant to a clause in the agreement, Adam instituted arbitration, claiming… Read More

In Pascal v. Concentra, Inc., No. 19-cv-02559-JCS, 2019 U.S. Dist. LEXIS 141400 (N.D. Cal. Aug. 20, 2019), Judge Spero confirmed that the TCPA affords no right to attorneys fees. It is undisputed that attorneys' fees are unavailable under the TCPA and Plaintiff has pointed to no source of authority that would allow him to recover attorneys' fees in this action.… Read More

In Owens v. Starion Energy, Inc., 2017 WL 2838075, at *8–9 (D.Conn., 2017), Judge Bolden refused to strike an attorneys' fee prayer from a TCPA class action. In Bell v. Survey Sampling International, LLC, a TCPA case, this Court rejected a similar motion to strike the plaintiff's reference to attorney's fees. Id. The Court in Bell stated as follows:  "[The… Read More

In Ikuseghan v. Multicare Health System, 2016 WL 4363198, at *2 (W.D.Wash., 2016), Judge Settle surveyed TCPA class action settlements and found that 30% of the recovery was a proper benchmark for awarding attorneys fees in a TCPA class action. Here, the requested attorneys' fees represent 33% of the settlement fund. Ikuseghan argues district courts frequently grant fee awards of… Read More

It's sort of fact specific, but the Court of Appeals for the Seventh Circuit in Holtzman v. Turza, 2016 WL 3648390, at *1-2 (7th Cir. 2016) held that the residue of a supersedeas bond goes back to the Defendant, and Plaintiff's counsel can't base its fees on the entire amount of the fund, only that which was paid out. Attorney Gregory… Read More

In Smith v. Microsoft Corp., --- F.R.D. ----, 2014 WL 323683 (S.D.Cal. 2014), Judge Sammartino denied class certification in a TCPA text-message case arising from Microsoft’s sending unauthorized text messages promoting Microsoft's Xbox to cellular telephones in purported violation of the Telephone Consumer Protection Act.  Judge Sammartino was neutral on whether the Plaintiff’s interest was paramount and, in doing so,… Read More

In In re: Portfolio Recovery Associates, LLC, Telephone Consumer Protection Act Litigation, here, Judge Houston held that the Plaintiff had adequately pleaded vicarious liability under the TCPA, and refused, at the pleadings stage, to strike Plaintiff’s prayer to recovery attorneys’ fees under the TCPA to the extent permitted by Code of Civil Procedure § 1021.5. In opposition, plaintiffs contend their… Read More