These Attorneys Beat Trump's Census Citizenship Question in Court. DOJ Agreed to Pay Them Millions
Federal law allows parties in civil lawsuits, under certain circumstances, to recoup their costs from the U.S. government. The California settlements are the final ones in the census litigation against the Trump administration, a Justice Department spokeswoman confirmed.
November 19, 2019 at 01:01 PM
5 minute read
The U.S. Department of Justice has now agreed to pay a total of more than $9 million in attorney fees and other costs stemming from lawsuits that successfully stopped the Trump administration's plan to include a citizenship question on the 2020 census.
The DOJ had settled attorney fees and costs in cases in Maryland and New York earlier this year, for a total of $6.65 million. But two recent settlements in the U.S. District Court for the Northern District of California adds another $2.4 million to the federal government's final tab, according to copies of the agreements provided by the Justice Department.
Federal law allows parties in civil lawsuits, under certain circumstances, to recoup their costs from the U.S. government. The California settlements are the final ones in the census litigation against the Trump administration, a Justice Department spokeswoman confirmed.
In one attorney fees settlement in the Northern District reached earlier this month, the DOJ agreed to pay roughly $980,000 to three different plaintiffs. Attorneys in the California state attorney general's office received about $845,000 of that amount for attorney fees and other costs, while the Los Angeles Unified School District got about $123,000.
The city of Oakland received more than $14,000 of that settlement, all for attorney fees. Attorneys from Holland & Knight were also involved in that case, representing Los Angeles County, but did not file for attorney fees.
In a settlement also finalized in Northern California district court last week, the Justice Department agreed to pay attorneys for the city of San Jose and the Black Alliance for Just Immigration more than $1.45 million. About $51,000 of that settlement is for taxable costs, while $1.4 million was granted for attorney fees and litigation expenses.
Both plaintiffs in that case were represented by attorneys at Manatt, Phelps & Phillips, as well as lawyers for the city of San Jose, the Lawyers' Committee for Civil Rights Under Law and the pro bono firm Public Counsel.
John Libby, the head of Manatt's investigations and white-collar defense practice, said his firm will recoup about $400,000 in expenses from the settlement, and then donate the remaining funds to the pro bono co-counsel at Public Counsel and the Lawyers' Committee.
"It's unfortunate the government is going to have to pay out that amount of money, but at the same time it's necessary to enforce the law and reverse arbitrary and capricious decisions," Libby said.
The census citizenship question was challenged in several different district court cases. The legal fights culminated in a 5-4 U.S. Supreme Court ruling in June that found the question could not be added under the rationale given by the Commerce Department, which administers the decennial survey.
President Donald Trump initially said after the justices' ruling that he still wanted to include the question on the 2020 survey, clashing with prior statements from the DOJ. But after district court judges blocked the department's efforts to change the legal teams handling the litigation, Trump announced that his administration would look to gather citizenship data through other means.
The Department of Justice settled costs over census litigation in Maryland in September, awarding $2.5 million to Covington & Burling attorneys and another $1.45 million to immigration groups.
Government lawyers reached a similar settlement in New York in early August, agreeing to pay $2.7 million to the ACLU and Arnold & Porter, according to a copy of the agreement first obtained by BuzzFeed News.
However, the legal fight in New York is still ongoing, as the ACLU, the New York Civil Liberties Union and the Arnold & Porter attorneys are asking a federal judge to sanction the Department of Justice. They allege that at least two witnesses from the federal government either withheld documents or gave misleading testimony over the citizenship question.
In a court filing Nov. 15, the attorneys argued that a memo recently released by the House Oversight Committee showed that the late GOP redistricting strategist Thomas Hofeller was involved in the question's orchestration, conflicting with the government testimony.
"Defendants have had countless opportunities to be straight with plaintiffs and this court," the filing reads. "Instead, they have repeatedly misled and have never provided a complete record."
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBen & Jerry’s Accuses Corporate Parent of ‘Silencing’ Support for Palestinian Rights
3 minute readBaltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
3 minute read5th Circuit Judge Jones Slams Proposal for Greater Amicus Brief Funding Disclosure
'Health Care Behemoth'?: DOJ Seeks Injunction Blocking $3.3B UnitedHealth Merger Proposal
3 minute readLaw Firms Mentioned
Trending Stories
- 1Remembering Ted Olson
- 2Support Magistrates: Statutorily Significant
- 3Nelson Mullins, Greenberg Traurig, Jones Day Have Established Themselves As Biggest Outsiders in Atlanta Legal Market
- 4Immunity for Mental Health Care and Coverage for CBD: What's on the Pa. High Court's November Calendar
- 5Monday Newspaper
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250