Paxton Petitions U.S. Supreme Court to Protect Taxpayers’ Money by Clarifying Attorney’s Fee Rules

Austin, Texas — Attorney General Paxton joined a Georgia-led amicus memo that asks the US Supreme Court to clarify the legal basis for when attorneys’ fees should be awarded to “winning parties” in civil lawsuits.

In particular, amicus considers a situation in which a party secures a preliminary injunction but not a final decision on the merits of a case it has brought. This is of paramount importance to States, since the defendants in such cases are often public officials. And, in many cases, the state is able to resolve the plaintiff’s problems or legal claims after a preliminary injunction has been issued that raises the question of continuing the case.

District courts have not provided clear guidance on whether plaintiffs should be awarded attorneys’ fees in these situations, so the coalition is calling on the Supreme Court to clear up this costly confusion. This will help states navigate what legal measures will best protect taxpayers’ money.

The amicus brief states: “If the state’s actions result in a significant award, the state needs to know ahead of time so it can make an informed decision to proceed with the litigation. Without clear rules to guide this decision, states are left to play with public money. Therefore, the amici states call on this court to intervene and clarify this matter so that the states can make informed judicial and political decisions on behalf of the public.”

To read the full amicus review, click here.

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