The U.S. District Court for the Western District of Kentucky, Judge John G. Heyburn II, has awarded Goldberg Simpson’s client, the Commonwealth of Kentucky CMRS Board, a judgment for over $4.7 million against the largest prepaid cell phone company in the world, TracFone Wireless, Inc. The Court found that TracFone owed the damages to the CMRS Board for 911 service charges due under Kentucky statutes. The Court rejected TracFone’s argument that the service charges do not apply to prepaid cellular providers and required TracFone to pay the charges due retroactively from November, 2003 through the current date.
The Court’s September 7, 2011 Opinion and Order also awarded the CMRS Board its attorneys’ fees in the amount of $425,497.00. The Court complimented Goldberg Simpson on the “quality and experience” of its lawyers, finding that “counsel for the CMRS Board [Goldberg Simpson] provided exceptional representation in every respect. The subject matter was complex; the stakes were high and the opposition was formidable”. The Court awarded the full amount of the fees requested by the CMRS Board.