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California Appeals Court Rips $88M Fee Award in Smog Case

The Recorder

July 23, 2002

A California appellate court on Monday upheld a ruling vacating $88.5 million in attorney fees for New York's Milberg Weiss Bershad Hynes & Lerach and four other law firms in a huge case over smog-impact fees, saying the award was an unconstitutional gift of public funds. The ruling orders a new arbitration at which the award, if any, cannot exceed about $18.2 million, plus 10 percent interest over the last four years.

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