Recovering Fees and Costs in FCRA Cases: Bruce v. Cascade

When Can You Recover Them and How? Costs Under 28 USC 1920, Expert Witness Fees, and Other Non-Damage Awards;
Recoverable Costs Are Governed by 28 USC 1920 however Expert Witness Fees Are Not. There are various non-damage awards that you need to understand and how to seek them.
David A. Szwak

Recovering Fees and Costs in FCRA Cases: Bruce v. Cascade

Postby David A. Szwak » Sun Nov 06, 2005 8:50 pm

199 Or.App. 59, 110 P.3d 587
Court of Appeals of Oregon.

Diane D. BRUCE, Appellant,
CASCADE COLLECTIONS, INC., an Oregon corporation, Respondent,
Green Thumb Yard Maintenance, Inc., dba Green Thumb Landscaping, an Oregon
corporation, Defendant.
02C-17949; A122369.
Argued and Submitted Feb. 23, 2005.
Decided April 13, 2005.

Background: Plaintiff sued collections company, alleging violation of provisions of Fair Credit Reporting Act (FCRA) regarding dissemination of consumer credit information. The Circuit Court, Marion County, Richard D. Barber, J., entered judgment for plaintiff, and supplemental judgment denying plaintiff's request for attorney fees. Plaintiff appealed.

Holdings: The Court of Appeals, Haselton, P.J., held that:
(1) plaintiff adequately plead entitlement to attorney fees under FCRA;
(2) trial court failed to support finding that requested fees were unreasonable with adequate findings of fact; and
(3) costs of computer-assisted legal research were recoverable as component of attorney fees under FCRA.

Supplemental judgment vacated and remanded.

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