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Schumacher v. City of Portland

Plaintiff's Attorney:   Herbert G. Grey, Jill Odell, and Jonathan A. Clark

Defendant's Attorney:   Mark G. McDougal, Natalie McDougal, Gregory Kafoury, Attorneys for Defendant IDA, Rossell, and Durkee; David G. Hosenpud and Eric. D. Wilson, Attorneys for Defendant PETA; Jami L. Pannell, Attorney for Defendant Mieras

Topic: Attorney fees

Jurisdiction:   Oregon

Year Case Filed:   2007

Name of the Document:   Opinion and Order for Attorney Fees


Printible Version



In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral.  Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal.

 

Opinion and Order - 01/23/2008 (pdf file - 2.71 MB)

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