Shahid Buttar for Congress Committee v. Hearst Communications, Inc.
- Edward Chen
- 3:21-cv-05566
- U.S. District Court · Northern District of California
- 1
In Shahid Buttar for Congress Committee v. Hearst Communications, Judge Chen reduced Hearst’s attorney-fee award from $87,893.55 to $5,000.
Shahid Buttar and the Shahid Buttar for Congress Committee must pay Hearst Communications, Inc. $5,000 in attorney’s fees and costs within 24 months of the order.
What happened
Shahid Buttar for Congress Committee v. Hearst Communications, Inc. concerns an attorney-fee award against plaintiffs Shahid Buttar and the Shahid Buttar for Congress Committee in favor of Hearst Communications, Inc.
After the court previously granted Hearst’s motion for attorney’s fees, the plaintiffs filed a supplemental declaration and Mr. Buttar’s tax returns. The court considered his declared financial hardship and reduced the award rather than eliminating it.
Judge Edward Chen ordered the original award of $87,893.55 reduced to $5,000, payable within 24 months of the May 16, 2023 order.
The detailed version
- Shahid Buttar for Congress Committee v. Hearst Communications, Inc. · No. 3:21-cv-05566
- Edward Chen
- May 16, 2023
Background
The court had previously granted Defendant Hearst Communications, Inc.’s motion for attorney’s fees. Plaintiffs Shahid Buttar and Shahid Buttar for Congress Committee then filed a supplemental declaration, including Mr. Buttar’s tax returns.
Court’s reasoning
The court found that Mr. Buttar had shown and declared under penalty of perjury that he faced dire financial circumstances. Considering those equitable circumstances and the financial-resources factor discussed in Miller v. Los Angeles County Board of Education, the court decided to reduce the award substantially. The court declined to eliminate the award entirely, citing the principle that a court should not refuse to award fees to a prevailing defendant solely because of a plaintiff’s financial situation.
Disposition
Judge Edward Chen modified the attorney-fee and cost award by reducing the original amount of $87,893.55 to $5,000. The $5,000 must be paid within 24 months of the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.