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U.S. Court of Appeals for the 9th Circuit

Dec. 7, 2013

9th Circuit approves high attorney fee award in low-damage case

An award of almost $700,000 in attorney fees to a prevailing plaintiff in an employment discrimination case is acceptable even though a jury gave the plaintiff only $27,000 in damages, a divided 9th Circuit panel held Thursday.

By John Roemer
Daily Journal Staff Writer

It was OK for Chief U.S. District Judge Claudia Wilken of Oakland to award almost $700,000 in attorney fees to a prevailing plaintiff in an employment discrimination case even though a jury gave the plaintiff only $27,000 in damages, a divided 9th Circuit panel held Thursday. Despite the disparity, California law - under which the case was decided - did not require a fee reduction, the panel majority held. The jury found a delivery s...

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