Case Description
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 agreed. The appellate court held that “Clancy does not bar all contingent-fee agreements with private counsel in public-nuisance abatement actions, but only those in which private attorneys appear in place of, rather than with and under the supervision of, government attorneys.”