The Fifth Circuit (New Orleans, LA) Opines
“Reading the FDCPA as requiring attorney’s fees to be paid in actions where the plaintiff fails to prove damages, rewards lawyers for bringing suits to stop behavior that, by definition, has caused legal injury to no one.
Our interpretation of the statute will require attorneys to look for more than a technical violation of the FDCPA before bringing suit and will deter suits brought only as a means of generating attorney’s fees.”
Although complete denial of otherwise generally mandatory attorney’s fees is a rare and drastic sanction, the outrageous facts in this case suggest that the district court did not abuse its discretion in determining that Davis was not entitled to attorney’s fees, or that the reasonable attorney’s fee was $0.
The district court calculated a reasonable hourly rate to be, at most, $225 (half of the $450 demanded), which can further be reduced based on the poor draftsmanship that permeates the pleadings.
The district court cited valid, precedentially-supported reasons for reducing the number of hours and amount of the fee award claimed by Davis’ attorneys.
Moreover, given the district court’s desire to “disincentivize the conduct of Plaintiff’s counsel,” coupled with an additional, punitive reduction (or outright denial) for McCarty and Raburn’s exorbitant fee request, it was not an abuse of discretion for the district court to deny Davis’ motion for attorney’s fees.
OCC Real Estate Investments LLC Sued PT-Patriot Title For Breach of Lease then Changed its Mind
OCC’s lawsuit was filed by debt collector Bob Kruckemeyer of 244 Malone St, and OCC returns results that he is a member of OCC.
A Legal Cowboy and the Stallones in Harris County District Court Complainin’ About a Chain Saw Operator
Debt Collectin’ lawyer Robert Kruckemeyer files suit on behalf of Jeff and Pam Stallones complaining about the felling of pine and oak trees.
The Stallones and Greystone Custom Builders Cross-Sue Each Other in Travis County
US Gov. Wingman and Cowboy Robert Kruckemeyer is counsel in both cases for the Stallones and Stallones Holdings Inc.
PHH Mortgage Corporation and Foreclosure Mill Counsel The Catholic Bandit v. Nancy Patton of Waco, Texas
The good news is the Catholic Bandit doesn’t need a reminder set to submit any motion for attorney fees, Judge Alan Abright will remind him.
It’s The Wild West for Legal Lawlessness: Now Ain’t that The Truth, Bob DBA The Kruckemeyer Law Firm
LIT challenges Bob’s assertions that he is a victim in this lawsuit. Bob’s actions are legally characterized as criminal in this State.
Let’s Transfer LIT Related Civil Actions to Harris County District Court 189 and Consolidate
Granting this Motion will not only save time and expense but also ensure a streamlined and efficient resolution of the related issues.
