Thiebes

MEMORANDUM *

Wal-Mart Stores appeals the district court’s decision to award $1.7 million in attorney fees to Carolyn Thiebes, et al. We review for abuse of discretion the size of an attorney fees award 1 and review de novo the legal standard the district court applied. 2 The district court properly reviewed Thiebes’s attorney fees request under Oregon law because all plaintiffs elected their remedy under Oregon law. 3 Oregon law governing attorney fees differs from federal law governing attorney fees, particularly in the ORS § 20.075(1) factors.

*751 Under Oregon law, a court “determining the amount of an award of attorney fees” 5 must consider, inter alia, “[t]he amount involved in the controversy and the results obtained.” 6 The district court did consider these factors.

The district court properly reviewed the size of the attorney fees award by comparing it to the recovery. 7 While the district court recognized “the fee award appears disproportionate to the amount recovered,” it concluded the fee award was appropriate because “Wal-Mart presented a formidable defense, had a team of attorneys greater in number than plaintiffs had, and filed dozens of substantive motions…