Abuse of Discretion – Attorney’s Fees

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7^th Circuit Court of Appeals

Case Name: Camp Drug Store, Incorporated, v. Cochran Wholesale Pharmaceutical, Incorporated,

Case No.: 17-2086

Officials: RIPPLE, MANION, and SYKES, Circuit Judges

Focus: Abuse of Discretion – Attorney’s Fees

Camp Drug Store, Inc., filed this action, on its own behalf and as a representative of a proposed class, against Cochran Wholesale Pharmaceutical, Inc. (“Cochran”). Camp Drug Store alleged that Cochran had violated the Telephone Consumer Protection Act (“TCPA” or “the Act”), 47 U.S.C. § 227, by faxing unsolicited advertisements to the class members. The parties entered into early mediation and reached a settlement. The district court approved the settlement on behalf of the class, but reduced the pro‐ posed attorney fee and incentive awards.

Camp Drug Store appeals. It maintains that the settlement created a common fund against which the reasonableness of the attorney fee award should be assessed. It also notes that the proposed incentive awards were commensurate with other awards to named plaintiffs for claims under the TCPA.

We cannot accept Camp Drug Store’s characterization of the settlement as a common fund. Neither our case law, nor that of the Supreme Court, supports that characterization. Moreover, given the early stage at which this litigation was settled, the reductions in the attorney fee and incentive awards were not an abuse of discretion. We therefore affirm the district court’s judgment.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.