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Feb. 26, 2026

9th Circuit restores attorney fees slashed over firm size

The 9th Circuit vacated a $3.1 million fee award reduction, ruling a law firm's small size cannot justify lower rates and affirming wholesalers' Robinson-Patman Act victory.

9th Circuit restores attorney fees slashed over firm size
U.S. District Judge Michael W. Fitzgerald

The 9th U.S. Circuit Court of Appeals has vacated a $4.5 million fee reduction, ruling that a winning law firm's small size cannot be used to justify lower fees and declaring that "brilliance at the bar" is not measured by the number of associates a lawyer commands.

The opinion, written by Circuit Judge Salvador Mendoza Jr., reversed a ruling by U.S. District Judge Michael W. Fitzgerald who had reduced attorney fees awarded to San Francisco firm Gaw Poe LLP because o...

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