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Username: Christine

Post Number: 1137
Registered: 09-2002
Posted on Thursday, July 24, 2003 - 03:17 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

The defendant DRL Associates argued that the plaintiff was not entitled to the recovery of attorneys fees because the plaintiff did not receive ACTUAL damages on top of STATUTORY damages. Judge Bissell disagreed.

"Bissell found that argument unconvincing and contrary to Third Circuit precedent. He quoted from Graziano v. Harrison, 950 F. 2d 107 (1991), which observed that "attorney's fees should not be construed as a special or discretionary remedy; rather, the Act mandates an award of attorney's fees as a means of fulfilling Congress's intent that the Act should be enforced by debtors acting as private attorneys general."

Using the lodestar method, Bissell awarded $16,257 of the $19,000 sought by Garatina's lawyer, Nicholas Fitgerald of Jersey City's Fitzgerald & Associates."

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