Commercial Litigation and Arbitration

Appellate Standing — Attorneys’ Fee Award

A lawyer has standing to appeal an award of attorneys' fees even if the statute pursuant to which fees were awarded confers as standing only on the client, under the Sixth Circuit’s decision in Gonger v. Hunt Valve Co., 2007 U.S. App. LEXIS 29229 (6th Cir. Deck. 18, 2007). Although the decision was rendered under the False Claims Act, the Court looked to precedent under the 1964 Civil Rights Act and Rule 23, so the decision is of broader application. The Sixth Circuit noted a split in the Circuits on this issue (Fifth and Seventh — yes; Federal — no).

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