Fred Drucker and Jacqueline Drucker v. O'brien's Moving and Storage Inc., Bekins Van Lines Co.

Bekins Van Lines (“Bekins”) appeals the district court’s award of attorney's fees to Fred and Jacqueline Drucker (“the Druckers”) pursuant to 49 U.S.C. § 11711 (d) (“§ 11711(d)”) and Nevada Revised Statute (“N.R.S.”) § 18.010(2). We hold that the court did not abuse its discretion in awarding the fees. We also award fees to the Druckers for this appeal pursuant to 49 U.S.C. § 11711 (d).

I

On September 12, 1988, the Druckers sued O’Brien’s Moving and Storage (“O’Brien’s”) and Bekins. The Druckers claimed damages arising out of defendants’ shipping of the Druckers’ 1931 baby grand piano. The complaint alleged violations of 49 U.S.C. § 11707 and certain state and common law counts for relief. The complaint also prayed for attorney’s fees.

The court tried the matter and awarded judgment of $16,419.87 to the Druckers on June 28, 1990. Attorney’s fees were not granted at the time judgment was entered nor were they included in the Druckers’ Bill of Costs.

On or about July 26, 1990, the Druckers moved for attorney’s fees which defendants opposed. The motion was granted only against Bekins on August 23, 1990 in the amount of $25,000. Bekins filed its Notice of Appeal of the district…