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Fleecing America, A discourse on libertarian litigation principles

By Alliance Alert

The Quincy Cove: "The question now before the Supreme Court [in Perdue] is whether a reasonable attorney?s fee award under a federal fee-shifting statute ever be enhanced based solely on quality of performance and results obtained when these factors already are included in the lodestar calculation? . . . the Alliance Defense Fund, one of the seven groups that signed the Liberty Brief, said that its attorneys 'function as private attorneys general, representing clients to vindicate their constitutional rights' . . . But there?s an even better remedy: Limit the fees that all attorneys can collect in these cases. This sounds counterintuitive to free-market supporters, but let?s remember, attorneys are agents of the state. Restricting even a 'private' attorney?s compensation is no different than fixing the salary of any other government bureaucrat."

Full post as published by Constitutionally Correct on February 16, 2010 (boomark / email).