“The EEOC’s theory was not that fruitless. Precedent may not have favored it, but the fee statute does not punish a civil rights litigant for pursuing a novel, even if ambitious, theory,” Seventh Circuit Chief Justice Diane Wood wrote Friday. Jones Day’s Eric Dreiband was chief counsel for CVS in the litigation.
A federal appeals court on Friday reversed a $307,0000 attorney fee award that was granted to CVS Pharmacy Inc.’s lawyers at Jones Day in a dispute the company won against the U.S. Equal Employment Opportunity Commission.