Litigation

State-hired contingent fee counsel: Atlantic Richfield Co. v. Santa Clara

By Ted Frank

As we discussed in July, the California Supreme Court upheld an arrangement where Santa Clara hired contingent-fee attorneys to bring a public nuisance case against ARCO. ARCO has appealed to the U.S. Supreme Court (No. 10-546) on the theory that the use of private prosecutors who have a pecuniary interest in the outcome of governmental prosecutions violates the Due Process Clause. The Chamber (in a brief with Victor Schwartz as lead counsel) and NAM, inter alia, have weighed in in favor of certiorari. Sean Wajert discusses.

Full post as published by Point of Law on December 27, 2010 (boomark / email).