Foster’s attorney, Marilyn Barringer-Thompson, submitted a bill for $105,680.75. After taking into account the amount of time spent on the case, how the time was billed, and costs of expert witnesses, Judge West decided that $68,685.23 was adequate to compensate Barringer-Thompson and her legal staff for the time spent litigating the case. He also rejected the RIAA’s argument that Foster was not entitled to fees incurred after “some point when she allegedly ‘could have avoided [fees] altogether but chose not to do so,'” reiterating that she was fully entitled to fight the RIAA’s charges and as a result, eligible for an award of attorneys’ fees.
In other words, the RIAA got scared and tried to drop the case but Marilyn wouldn’t let it go. So they tried to argue “she could have avoided fees.(by not counter suing us)..”. That is pretty shallow, and I am glad our justice dept caught it.