Attorney fees; judges must follow the market
Article Abstract:
The 7th Circuit in Gusman v Unisys Corp and the 1st Circuit in Paris v. Department of Housing and Urban Development (HUD) considered the propriety of legal fees. The issue in Gusman was whether a Chicago firm could charge their Chicago rates in a Wisconsin case rather than the lower, going rate in Wisconsin. The court found a presumption that lawyers who command higher fees are entitled to them. In Paris v HUD, the court ruled that the Equal Access to Justice Act did not entitle a losing plaintiff in a lawsuit to fees because she obtained relief from congressional action.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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The litigation environment; courts disagree on attorney fees for CERCLA
Article Abstract:
The Ninth Circuit in Stanton Road Associates v Lohrey Enterprises and the federal district court for Eastern Virginia in Chesapeake & Potomac Telephone Co v Peck Iron & Metal Co reached different conclusions on the availability of attorney fees in private suits regarding CERCLA. The latter found private parties capable of enforcement activities and legal fees awardable as part of that enforcement. The 9th Circuit found no statutory authority to award legal fees.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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EPA dealt setback; First Circuit: CERCLA lien violates due process
Article Abstract:
The First Circuit ruled in Reardon v. US that the Environmental Protection Agency (EPA) does not have the right to place liens on property to secure clean-up expenses under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The en banc decision found the EPA had violated the Reardons' right to due process.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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- Abstracts: Give yourself a raise; but make sure the market will bear it and clients will accept it. Close encounters of the bird kind; chance meetings sometimes lead to the best clients
- Abstracts: Key libel case goes to trial; ruling on altered quotes is put to test. Libel suit spotlights rap 'hate-speak.' (suit against rap group N.W.A. by television host Denise Barnes)
- Abstracts: The Rill legacy: trustbusters are back on the beat. Group at work on first guidelines for hospital mergers. Antitrust merger guidelines receive mixed reaction
- Abstracts: High Court clarifies 'excusable neglect.' (bankruptcy law) Why 2d Circuit upset Manville accord
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