Abuse of Discretion – Fee Award

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7^th Circuit Court of Appeals

Case Name: Isaac Paz v. Portfolio Recovery Associates, LLC,

Case No.: 17-3259

Officials: HAMILTON, BARRETT, and SCUDDER, Circuit Judges.

Focus: Abuse of Discretion – Fee Award

Sometimes settling a case is the only course that makes sense. This case provides a good example. Isaac Paz sued Portfolio Recovery Associates, LLC for violations of the Fair Debt Collection Practices Act and Fair Credit Reporting Act, and the case dragged on for years, with the district court then entering summary judgment for PRA on the lion’s share of Paz’s claims. Paz disregarded multiple offers to settle—both at the outset of the litigation and after summary judgment—and proceeded to trial, where he won but recovered only $1,000 in damages. He then sought to recover attorneys’ fees of $187,410. The district court awarded fees of $10,875, underscoring that Paz’s rejection of meaningful settlement offers precluded a fee award in such disproportion to his trial recovery. Seeing no abuse of discretion, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.