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U.S. Supreme Court

Case Status

Decided

Docket Number

10-546

Term

Cert. Denied

Lower Court Opinion

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Case Updates

Cert. petition denied

January 10, 2011

U.S. Chamber urges Supreme Court to hear contingency fee arrangements by municipalities case

November 26, 2010

NCLC urged the Supreme Court to review a California decision that allowed the County of Santa Clara to outsource the state’s public nuisance claim against lead manufacturers to private attorneys on a contingent fee basis. NCLC argued in its brief that state and local governments are abusing contingent fee agreements to meet budget requirements, and that the agreements raise serious constitutional questions. NCLC warned that contingent fee litigation places perverse incentives on the just enforcement of law, as evidenced by recent high profile “pay-to-sue” corruption scandals.

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