DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183633P.pdf 12/04/2019 Robert McKeage v. Bass Pro Outdoor World, LLC
U.S. Court of Appeals Case No: 18-3633
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Kelly, Author, with Melloy and Stras, Circuit Judges]
Civil case - Class actions. For the court's prior opinion in the matter
remanding for further proceedings on plaintiffs' request for attorney's
fees and costs, see McKeage v. TMBC, LLC, 847 F.3d 992 (8th Cir. 2017).
Plaintiffs suffered a concrete injury when they were charged for law
business by a non-attorney; the district court did not abuse its
discretion in deciding to assess $2.39 million of plaintiffs' attorneys'
fees against defendant rather than the common fund; the district court did
not err in capping the award of costs at $700,000, but it did err in
awarding the costs from the common fund rather than shifting them to
defendant as the plaintiff class members were entitled by contract to have
all litigation costs and expenses paid by defendant.