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At oral argument before the 1st Circuit, a lawyer for the commonwealth of Massachusetts argued that Wilmer Cutler Pickering Hale and Dorr and the Center for Public Representation should not have been awarded $780,000 in attorney fees by a district court. The state’s position is that a pretrial settlement of a class action means the plaintiffs, people with brain injuries in nursing homes and rehabilitation facilities, are not “prevailing parties”; thus the state doesn’t need to pay reimbursement for fees racked up by the plaintiffs, who sued over the state’s services.

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