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.

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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.

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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.

United States. Environmental Protection Agency, Liens

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