Conclusion of a Civil Rights Case Ends Well For Plaintiff.
In our October 12, 2008 post, we reported on Deanna Fogarty-Hardwick’s win of substantial damages of almost $5 million against Orange County and other defendants in a civil rights case. She was also awarded attorney’s fees of $1.6 million.
Defendants (primarily Orange County) appealed, and the appellate decision is now in.
And drum roll, please …. the result is in …. largely an affirmance.
In Fogarty-Hardwick v. County of Orange, Case No. G035045 (4th Dist., Div. 3 June 14, 2010) (unpublished), our local Court of Appeal, in a 3-0 decision authored by Acting Presiding Justice Bedsworth, affirmed both the damages and fee awards (although reversing the injunctive relief granted by the lower court). The fee challenge was deemed waived, because appellants failed to provide an accurate quotation to authority or development of the challenge that the lower court “double dipped” by using the complexity factor in determining the lodestar and enhancing the fee award by a 2.5 multiplier.
We give congratulations to attorney Shawn A. McMillan for staying the course on behalf of plaintiff in this case, reaping the benefit of a nice fee award for his efforts.
BLOG UNDERVIEW—Co-contributors Marc and Mike also give a welcome to Michelle Zehner, who is now working with us at Adorno Yoss Alvarado & Smith. Ms. Zehner was clerking from Justice Bedsworth for the last two years before coming over to AYAS.