Attorneys' Fees in Michigan Wine Case
December 18, 2005
Michigan and several other states had laws that discriminated against out-of-state wineries. Several plaintiffs sued under 42 U.S.C. 1983. Rather than settle, Michigan vigorously defended its special-interest legislation. After six years of legal warfare, the Supreme Court ruled against Michigan in Granholm v. Heald.
The plaintiffs are now seeking legal fees. Under 42 U.S.C. 1988, a prevailing plaintiff in a Section 1983 action is entitled to recover reasonable legal fees. Michigan taxpayers are now potentially on the hook for $1.3 million in legal fees, including fees for some of the big guns brought in to attack the legislation at the Supreme Court level. Interestingly, Ken Starr is only billing $500 an hour for his time. I suspect that someone with his talent and experience bills his private clients significantly more for his time. Kathleen Sullivan is seeking $57,000 in legal fees, and Starr's former co-counsel in numerous Supreme Court cases (Kannon Shanmugam - who I think is now at the Solicitor General's Office) billed $22,000. Top talent costs a lot of money.
Incredibly (or not) Michigan has enacted yet another discriminatory law, and thus Michigan taxpayers might face another huge legal bill.
(Hat tip: How Appealing)