In a Fee Proceeding Following a Historic Jury Verdict Exceeding $150 Million, Magistrate Judge Clarke Awarded Attorney Fees with a 30% Enhancement to Reflect the Prevailing Party’s Exceptional Success

In his opinion dated July 15, 2025, (view opinion here), Judge Mark Clarke granted the prevailing defendant/counter claimant’s Federal Civil Procedure Rule 54 motion for attorney fees. Bob Bonaparte served as defendant/counter claimant’s attorney fee expert.

Over the plaintiff’s strenuous objections and counterarguments, Judge Clarke awarded fees to defendant/counter claimant’s attorneys at their requested hourly rates and for all of the requested expenditures of time, without any reduction in either. In addition, based on the defendant/counter claimant’s “exceptional success” in the litigation, Judge Clarke awarded a 30% increase in the fee award to reflect the attorneys’ “extraordinary” success in achieving “what is likely one of the highest damage awards in the history of the state of Oregon.”