Posted on 12/03/2004 8:29:24 PM PST by SierraWasp
Justices Uphold Lawyer Fees in Advocacy Suits
Defendants should pay if a public benefit results, even if there are no damages, panel says.
By Maura Dolan Times Staff Writer
December 3, 2004
SAN FRANCISCO — Lawyers for advocacy groups and others who file cases that achieve a public benefit should be rewarded by requiring defendants to pay their legal fees, a sharply divided California Supreme Court ruled Thursday.
Justice Carlos R. Moreno, who wrote the 4-3 decisions in two related cases, said lawyers need incentives to bring lawsuits that generate beneficial changes but often produce little or no money in damages. The fees should be paid even in cases that never go to court or result in formal settlements, the court ruled.
In one of the two cases, consumers sued DaimlerChrysler over trucks that could not pull loads nearly as heavy as advertised. In the other case, civil rights groups sued the Los Angeles Police Department over racial and sex discrimination. Neither suit went to trial, but both led the defendants to make substantial changes in their policies.
Most public-interest legal groups — organizations that bring suits on environmental, civil liberties and consumer issues — are on the liberal side of the political spectrum, and the ruling brought a strongly worded dissent from three conservative justices who said it would spur needless lawsuits.
Dissenting Justice Ming W. Chin warned that the ruling puts California out of step with the rest of the country and that the state may become a mecca for trial lawyers. The rulings come at a time when many courts elsewhere, including the U.S. Supreme Court, have sharply cut legal-fee awards.
Snippy Snip!!!
(Excerpt) Read more at latimes.com ...
THIS HAS TO BE STOPPED OR CA IS DOOMED!!!
Get out. Get out of that foul, stinking toilet NOW. Run, don't walk.
That is all.
Yes... Here we have lawyers in the highest court supporting the Lawyers Full Employment Even At Taxpayers Expense Act!!!
Roger Hedgecock was talking about the Federal Statute that allows this for Civil Rights cases, today on Rush's Show.
I agree. They're doomed. Doomed I tell you!
Hey! That's great!!!
Who? Them, er US???
We will have to invade Calif and make it a State.
Wull... HURRY UP!!!
The courts. This is utterly despicable. This is why things go to a federal level. The state of California needs to clean this up. And the people of California need to lead the charge. It's a difficult problem to overcome.
Incredible!!!
Like obscenity... You recognize it when you see it, In the LA Times!!!
This is the exact opposite of tort reform.
This will inspire far more lawsuits and will give lots more strength to plaintiffs to blackmail defendants into settling out of court.
This is hell on earth and had undone any good Arnold started to do on the business end here in California.
What business will want to move to an area like this now where not only do employees have an ability to sue over nothing, but now they can have the employer be stuck with the bill for both ends of the debacle.
I want to cuss so bad in my comments. I only don't do so out of respect for FR.
Yep. I'm glad I'm in Nevada. You may consider relocating soon. It's so messed up out there already that it may become unfixable if it continues.
More feeding at the public trough.
So who defines or decides what is or isn't a public benefit? This is really scary.
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