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PUBLIC INTEREST LITIGATION

PUBLIC INTEREST LITIGATION. Michael Rawson Co-Director, Public Interest Law Project. Public Interest Litigation. What is it? . SAME “Services Cases,” Administrative Actions & Impact Litigation . UNIQUE Supported by Program Resources, not Client Resources

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PUBLIC INTEREST LITIGATION

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  1. PUBLIC INTEREST LITIGATION Michael Rawson Co-Director, Public Interest Law Project

  2. Public Interest Litigation What is it?

  3. SAME “Services Cases,” Administrative Actions & Impact Litigation UNIQUE Supported by Program Resources, not Client Resources Clients Unable to Bear Costs of Loss Legal Services Corporation Restrictions Class Action Limitations Representation of Immigrants Collection of Attorneys Fees Prohibition on Lobbying Permissible Under LSC Restrictions Suits seeking injunctive relief and writ relief Can obtain class-wide effect It’s Exactly the Same & Completely Different

  4. 1. Not Private Business or Government 2. Never Only for the Client Results will have broad impact Defendants have broad powers For the Public Interest

  5. 3. Never in Isolation Legal part of Coordinated Advocacy Advocacy of Legal and Community Based Organizations (CBOs) and sometimes Government 4. Requires Commitment to Outreach To CBO’s To Labor, Faith-Based, & Environmental Organizations To Government Organizations For the Public Interest (continued)

  6. Halt Displacement 2. Enjoin Exclusionary Zoning 3. Compel Planning & Funding of Affordable Housing Example: Affordable Housing & Funding of Affordable Housing

  7. THE NUTS & BOLTS OF PUBLIC INTEREST LITIGATION Federal & State Court

  8. 1. Federal Defendant, or Federal Question? 2. Options Limited Class action Injunctive Relief Ordering Class-Wide Relief If Class-Wide Relief Necessary to Redress Injury Group Plaintiffs Most Successful in Obtaining-- See Price v. Stockton, 390 F.3d 1105 (9th Cir. 2004) Federal Court

  9. 1. Suing the Government - Individual Suit - Organizational Suit - Taxpayer Suit (CCP §526a) - Writ of Mandate (CCP §1085) - Class Action *Individually Injured *Commonality, numerosity, typicality, & adequate representation 2. Suing a Private Entity - Individual Suit - Organizational Suit - Unlawful Business Practice (B & PC §17200) Caveat: Since Prop. 64 plaintiffs must be individually injured and meet the class action requirements. -Class Action State Court – More Options

  10. HOW TO ‘BUILD’ YOUR CAREER --Or Something Else…

  11. Public Interest Litigation Careers • More than a Job – A Different Kind of Wealth • Many Options • Legal Services • Nonprofit Public Interest • Labor Law • Consumer Class Action Firm • Some Government Jobs • All Provide Professional Opportunities At Least Equal to Big Firms • Court Awarded Attorneys Fees—The Equalizer • Federal: 42 U.S.C. §1998 (and other Civil Rights Statutes) • State: CCP §1021.5 (and other Statutory Provisions)

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