CJAC: Civil Justice Association of California

Surprise, Surprise...64% of Prop 65 settlements go to attorneys' fees

By Todd Roberson on 04/28/2011 @ 11:48 PM

Tags: Proposition 65, Attorneys Fees

CJAC would like to thank the Cal Biz Lit blog for analyzing the California Attorney General's latest summary of Proposition 65 settlements (Prop. 65 passed in 1986 and requires warnings in advance of exposure to toxic substances. All Prop. 65 settlements have to be reported to the Attorney General and are posted on the AG's website).

Cal Biz Lit examined the breakdown of settlement payments between penalties (75% of which go to the state), attorneys' fees, and other payments. Looking at plaintiffs with settlements in 2010 and their record over the past four years, 64% ($24 million) of the more than $38 million paid to them went to attorneys' fees. Less than 10% went to the penalties that the state of California collects 75% of.

As the analysis, which you can read here, concludes, "is this what the voters had in mind?"


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