Fee-shifting and private attorneys general
enforcement are not novel concepts, either in federal or Maryland law.
Under the California Private Attorneys General
Act, a plaintiff may seek recovery of penalties for violations of the seating requirement on behalf of all aggrieved employees.
Congress intended that private litigants would primarily enforce the ADA, and hotels risk the costs of litigation, including class action litigation by private attorneys general
In addition, justices said unions cannot bring representative actions under the state's five-year-old Private Attorneys General
Act because they are not "aggrieved employees.
At least one state had long permitted private attorneys general
Schwarzenegger helped revise the California Private Attorneys General
Act of 2004, which created new penalty risks for employers and formed the cornerstone of hundreds of class-action lawsuits alleging Labor Code violations ranging from overtime pay practices to workplace poster font size infractions.
Private attorneys general
provide a "backup" remedy when government bureaucracies fail to protect the public adequately.
The decision would "impede access to court for the less well-heeled, and shrink the incentive Congress created for the enforcement of federal law by private attorneys general
," Justice Ginsburg said.
Legislative use of private attorneys general
to enforce set norms has long been a familiar part of American government.
Sunstein concludes that private attorneys general
in no way threaten the Executive's enforcement of the law.
needs private attorneys general
to assist in protecting victims'