Perspective
Jun. 20, 2013
Catalyst theory still a viable route to attorney fees
Although California had followed the federal lead in adopting the catalyst theory, it did not abandon when the U.S. Supreme Court deemed it too cumbersome a test. Instead, California clarified the rule. By Gerald Knapton
The "catalyst theory" is important to consider when you agree to settle. Suppose, for example, that an admirable, nonprofit charity has been selling proselytizing T-shirts for years along your client's main entryway, and your client decides to enact new rules to prohibit any sales of any kind by anyone. When the charity files a lawsuit, your client agrees to let them continue selling. What could go wrong?
In the past, man...
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