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Perspective

Jan. 28, 2011

Tougher Standard for Recovery of Defense Fees in Civil Rights Cases

Recovering attorney fees in civil rights cases becomes even tougher. By Ronald W. Novotny of Atkinson, Andelson, Loya, Rudd & Romo.


By Ronald W. Novotny


Employers who are sued for unlawful discrimination and harassment under the state and federal anti-discrimination laws often ask whether they can recover their attorney fees if they are successful in defending their case. While the answer has always been "rarely," the 9th U.S. Circuit Court of Appeals recently made it even more difficult to do so.


In Harris v. Maricopa County Superior Court (issued Jan. 20), the cou...

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