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Justices Limit Fee Recovery in Bias Cases

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Associated Press

The Supreme Court today limited the ability of minorities to recover legal fees in anti-discrimination complaints resolved in administrative proceedings rather than lawsuits.

By a 6-3 vote, the justices barred residents of a black neighborhood in North Carolina who successfully opposed a highway project from being reimbursed by the state for lawyers’ fees.

Justice Sandra Day O’Connor, writing for the court, said a 1976 federal law providing reimbursement of attorneys’ fees in civil rights cases does not apply when such disputes are settled administratively.

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“It is entirely reasonable to limit the award of attorneys’ fees to those parties who, in order to obtain relief, found it necessary to file a complaint in court,” she said.

But Justice William J. Brennan, in a dissenting opinion, said the ruling will have “mischievous consequences,” causing unnecessary court suits.

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