County of Santa Clara v. Superior Court, No. S163 681 (Cal. July 26, 2010)
Several California cities and counties brought public nuisance cases against manufacturers of lead paint, and hired outside counsel on a contingency fee basis. The manufacturers moved to dismiss on the grounds that Clancy (a case barring contingency fees for attorneys representing public entities in nuisance cases) precluded the payment of contingency fees. The trial court…