9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit

February 25, 2026

District courts cannot reduce fee awards to attorneys based on a firm’s size, the Ninth Circuit ruled in a published opinion on Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a “small” firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.

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Gaw | Poe LLP is a San Francisco Bay Area boutique law firm focusing on business litigation, antitrust litigation, and appeals. Founders Randolph Gaw and Mark Poe are nationally recognized litigators who graduated from the same class at Stanford Law School. The firm has been recognized by The National Law Journal for obtaining the 37th largest verdict in the country for 2016.