Attorney General Paxton has joined a Georgia-led amicus brief that asks the U.S. Supreme Court to clarify the legal framework governing when attorneys’ fees should be awarded to ‘winning parties’ in civil suits.
Specifically, amicus deals with the situation where a party obtains a preliminary injunction but not a final decision on the merits of the case they have filed. This is of paramount importance to states, as state officials are often accused in such cases. And, in many cases, a state can resolve a plaintiff’s concerns or legal challenges after the preliminary injunction is issued, precluding the case from continuing.
Circuit courts have not provided clear guidance on whether to award attorney fees to plaintiffs in these situations, so the coalition urges the Supreme Court to clear up this costly confusion. This will help provide guidance to states on the legal measures that will best protect taxpayers’ money.
The amicus brief states, “If the state’s actions expose it to substantial legal fees, the state needs to know this in advance so that it can make an informed decision whether or not to proceed with the trial. Without clear rules to guide this decision, states must gamble with public money. THE friends States therefore urge this Court to intervene and clarify this matter so that States can make informed litigation and policy decisions on behalf of the public.
To read the full amicus brief, click here.
. Paxton Asks #U.S Supreme Court Protect Taxpayer Funds Clarifying Attorney Fee Rules