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Intervenor Liability in the Ninth Circuit

By Kent Scheidegger et al.

Last Friday, the Ninth Circuit issued an opinion in Costco v. Hoen. The decision, authored by Judge Milan Smith, addressed whether an intervenor-appellee who "materially assisted state defendants through the litigation, and... had much at stake financially" could be held liable for attorneys fees under 42 U.S.C. §1988(b) and 15 U.S.C. §26 (part of the Sherman Antitrust Act). While the decision addressed intervenor liability under the Sherman Antitrust Act, the portion of the decision addressing §1988(b) could be relevant to attorney fee liability for intervenors in criminal-related cases, such as prisoners rights. The opinion can be found here. The case involved a dispute between Costco Wholesalers and the Washington State Liquor Control Board...continue to full post

Full post as published by Crime and Consequences on August 18, 2008 (boomark / email).