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

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.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.