Gregg and Linda Schumacher, and Gregg Schumacher Furs, LLC dba as Schumacher Furs and Outerwear, Plaintiffs v. City of Portland, a municipal corporation; In Defense of Animals, a foreign non-profit corporation; Animal Liberation Front, an unincorporated association; People for the Ethical Treatment of Animals, Inc., a foreign non-profit corporation; Matt Rossell; Kevnin Mieras aka "Bluejay"; Connie Durkey; Alex Lilli; John Does 1-10; and Jane Does 1-10, Defendants

Share |
Year Case Filed:  2007 Jurisdiction Level:  Oregon Defense Attorney:  Mark G. McDougal, Natalie McDougal, Gregory Kafoury, Attorneys for Defendant IDA, Rossell, and Durkee; David G. Hosenpud and Eric. D. Wilson, Attorneys for Defendant PETA; Jami L. Pannell, Attorney for Defendant Mieras Drafting Attorney:  Herbert G. Grey, Jill Odell, and Jonathan A. Clark
Summary: In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral. Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal.
Documents:  pbusorschumacher.pdf

 

 

Share |