Free Republic

Dan Walters: Lawsuit dilemma redux: Once again, a real-world problem ignored By Dan Walters -- Bee Columnist Published 2:15 am PDT Monday, May 9, 2005 A melodrama that played itself out over two years in the Capitol, and eventually in the November election, reflected the polarized and unresponsive nature of California's political apparatus. A real-world problem was presented to the Legislature. Some unscrupulous attorneys were conducting ill-disguised shakedowns of small businesses - auto repair shops, cafes, nail parlors and the like - by misusing the state's "unfair business practices" law. Business owners, many of them immigrants, were receiving harshly worded...

Justices Uphold Lawyer Fees in Advocacy SuitsDefendants 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...