Section 13 Statutory Attorney Fees

LibraryMotor Vehicle 2011

Federal and state statutes both provide for the mandatory award of costs and attorney fees to a successful plaintiff/ purchaser. 49 U.S.C. § 32710(b); § 407.546.1, RSMo 2000.

The leading case on attorney fees is Duval v. Midwest Auto City, Inc., 578 F.2d 721 (8th Cir. 1978). A recovery of $3,960 in damages in Duval supported an attorney fee award of $14,205.65. Although the court recognized that the amount of the recovery may be a factor in determining the reasonable value of attorney fees, the court chose...

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