A notorious class action lawyer is on the hook for nearly $150,000 in attorney fees after bringing a case that had no chance of winning.

In a September 25 order, U.S. District Judge Gregory A. Prennell granted Big Lots’ motion that New York attorney Spencer Sheehan and plaintiff Peggy Durant are liable for $144,047 for money Big Lots paid for its successful motions to dismiss and for attorney fees. That attorney, Jacob Harper of Davis Wright Tremaine, also sought a 25 percent upward adjustment as a “reflection of the extraordinary circumstances of this case,” but Prennell denied that request.

Earlier this year, Prennell had dismissed Durant’s case alleging Big Lots violated state consumer fraud and misleading advertising statutes. The battle over attorney fees began this spring.

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