Cities, counties get boost in lead paint suit
San Fransico Chronicle
July 27, 2010
In a critical victory for San Francisco and other cities and counties suing companies for the monumental costs of cleaning up lead paint, the state Supreme Court said Monday that local governments can enlist private lawyers and offer them a share of the proceeds.
The unanimous decision scaled back the court's 1985 ruling that limited a county's ability to recruit a private attorney to sue businesses for activities that harm the public. In the earlier case, the court said an arrangement for the lawyer to collect a share of the damages, rather than an hourly fee, would create a conflict of interest by giving the lawyer a financial stake in the outcome.
On Monday, the court said it would allow such agreements as long as the suit did not threaten to shut down a business, involved no free-speech rights and was controlled by the government agency rather than the private lawyer.
Copyright
2010