Moore
Moore v. Bank of America N.A.
Opinion
Lead Opinion
MEMORANDUM *
This case arises from a dispute over a charge for a partially unused airplane ticket that James Moore purchased with his Bank of America credit card for $213.75. Moore alleged that Bank of America’s (“BofA”) manner of addressing and reporting the disputed charge violated several provisions of federal and state law. The parties eventually settled the matter out of court, with an agreement that provided that “[sjolely for the purpose of deciding Moore’s claim for reimbursement of attorneys’ fees, BofA agrees that Moore is deemed to be the prevailing party only on his claim against BofA pursuant to 15 U.S.C. § 1666a(b).” BofA now appeals the district court’s award of $390,765.79 in attorneys’ fees and costs to Moore. We conclude that the district court did not abuse its discretion in determining the amount of the fee award. See Lytle v. Carl, 382 F.3d 978, 982 (9th Cir.2004).
Parties who prevail on claims pursuant to 15 U.S.C. § 1666a(b) are entitled to litigation costs and reasonable attorneys’ fees. 15 U.S.C. § 1640 (a)(3). The parties do not dispute that in accordance with their settlement agreement, Moore should be considered the prevailing party.