DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151629P.pdf 08/19/2016 John Galloway v. The Kansas City Landsmen, LLC
U.S. Court of Appeals Case No: 15-1629
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Benton, Circuit
Judge]
Civil case - Fair and Accurate Credit Transactions Act. This class action
was settled by the issuance of coupons and the award of attorneys' fees
was governed by the provisions of Section 1712 of the Act; while the
district court erred by following the Ninth Circuit's case of In re HP
Inkjet Priner Litig., 716 F.3d 1173 (9th Cir. 2013), which follows a
mandatory approach in applying Section 1712(a)-(c), without explicitly
stating that the award of attorneys' fees was based on an exercise of the
court's discretion to determine a reasonable attorney fee, the plaintiffs
do not argue that the award was an abuse of the court's discretion; the
Court's own review of the record establishes that any award greater than
that made would be unreasonable in light of class counsel's success in
obtaining value for the class and any error the district court may have
made is harmless.