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California Supreme Court to Determine Recoverability of Expert Witness Fees in "Public Interest" Cases

According to Law.com, the California Supreme Court last week heard arguments to determine if prevailing parties suing as private attorneys general can recover fees paid to expert witnesses. The case deals with an interpretation of California Code of Civil Procedure §1021.5. The section allows a plaintiff to recover attorneys' fees in cases where the result creates an "enforcement of an important right affecting the public interest." Numerous nonprofit organizations have argued in court papers that if fees paid to expert witnesses are not recoverable under the section, many cases serving "vital public interests" simply will not be pursued due to the costs.


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Posted by Nick Zafran on January 15, 2008 3:29 PM | | Comments (0) | TrackBacks (0)

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This page contains a single entry by Nick Zafran posted on January 15, 2008 3:29 PM.

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