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“After a year and a half of litigation and a court order requiring production of requested records, FCC agreed to pay $43,077.80 to wrap up the case,” said attorney Joshua Burday, who represent Prechtel in court. “This is a good reminder that you don’t need to be able to afford a lawyer to exercise your FOIA rights.”
The settlement, which formally dismisses Prechtel’s case, includes a standard stipulation that the FCC does not admit any liability or fault as a result. The commission was represented by Assistant U.S. Attorney Johnny Walker.
The amount recouped by Loevy & Loevy is far above average, according to the Transactional Records Access Clearinghouse (TRAC), a research center at Syracuse University. For every 50 or so plaintiffs awarded less than $10,000, only about five are awarded fees ranging from $50,000 to $75,000. The fees, awarded at judges’ discretion, are not routine, TRAC says.
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