Cool Response to Fee Request in Cell Phone Radiation Case
As reported by Bob Egelko in a recent post at sfgate.com (home of the San Francisco Chronicle), CTIA-The Wireless Association–after earlier partially prevailing in a suit to narrow San Francisco’s novel law requiring cell phone dealers to warn about possible radiation dangers–was not successful in its move to recover $96,200 in attorney’s fees. U.S. District Judge William Alsup refused to award fees against the City of San Francisco because no final judgment had been reached and the plaintiff did not win a complete, permanent victory — rather, the success must be “enduring rather than ephemeral,” something the jurist could not find at this incomplete juncture of the case.
