Consumer Law: Fee for Legal Document Preparation-Unauthorized Law Business-Fee-Shifting

Plaintiffs filed a class-action suit alleging defendant’s practice of charging a fee for preparation of legal documents when selling boats and trailers constituted unauthorized law business. The district court granted summary judgment and awarded attorneys’ fees and costs from the common fund. The court reversed and remanded to enforce a contractual fee-shifting provision. On remand, the district court shifted attorneys’ fees but granted costs from the common fund.

Where the parties’ contract entitled plaintiffs, as the prevailing party, to have “all litigation costs and expenses” awarded, the district court erred in failing to shift plaintiffs’ costs from the common fund.

Judgment is affirmed in part and reversed in part.

McKeage v. Bass Pro Outdoor World LLC (MLW No. 74236/Case No. 18-3633 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Western District of Missouri, Fenner, J. (Edward D Robertson, Jr., of Jefferson City, for appellants;  Steve Bret Garner, of Springfield, David L. Baylard, of Union, Edward D Robertson, III of Leawood, KS, Chandler Gregg, of Springfield and Kelly C. Frickleton of Leawood, KS on brief) (Ashley Charles Parrish, of Washington, DC for appellees; Jason C. Smith, of Springfield, Zachary A. McEntyre, of Atlanta, GA., Joshua N. Mitchell of Washington, DC., and Gabriel Krimm of Washington, DC. on brief)