Atlantic Richfield Company, et al v. County of Santa Clara, et al

Amicus Curiae Brief Supporting Petition for Certiorari in United States Supreme Court

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The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in claims pursued on behalf of the public compromises the neutrality required in such cases by constitutional due process. At its essence, the California ruling is constitutionally unsound because it replaces prophylactic due process protections with unverifiable “trust.”

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Published In: Constitutional Law Updates, Environmental Updates, Products Liability Updates, Toxic Torts Updates

Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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