In reply to post #92,
One looks at a lot of cases to find a little gem like this one in my own district.
10TH CIRCUIT DECISIONS
FAIR CREDIT REPORTING ACT (ATTORNEYS’ FEES)
Cole v. Cole, 2007 WL 1411612 (D. Kan. May 10, 2007)
Plaintiff filed suit against defendant for alleged violations of the Fair Credit Reporting Act(“FCRA”). After a jury trial, the jury found that the plaintiff did not sustain any damages as a result of defendant’s conduct and that defendant did not willfully violate FCRA. Defendant filed a motion to recover attorney’s fees pursuant to FCRA and Fed. R. Civ. P. 68 based on his $5,000 offer of judgment that plaintiff refused to accept. The court held that defendant was not entitled to attorney’s fees under FCRA because he did not show that plaintiff filed an “unsuccessful pleading, motion, or other paper” in “bad faith or for purposes of harassment.” The court also held that defendant was not entitled to attorney’s fees under Fed. R. Civ. P. 68 because this rule only allows for the recovery of “costs” and attorney’s fees are not considered as “costs.”