13-17-203. Limitation on attorney fees in class action litigation against public entities.

Statute text

If the plaintiffs prevail in any class action litigation brought against any public entity, as defined in section 24-10-103 (5), C.R.S., the amount of attorney fees which the plaintiffs' attorney is entitled to receive out of any award to the plaintiffs shall be determined by the court; except that such amount shall not exceed two hundred fifty thousand dollars. Such limitation shall apply where the public entity pays the attorney fees directly to the plaintiffs' attorneys or where the public entity is required to pay the attorney fees indirectly through any program it administers by reducing the benefits or amounts due to the individual plaintiffs.

History

Source: L. 92: Entire section added, p. 272, 1, effective April 28.

Annotations

Cross references: For provisions relating to limitations on attorney fees in class action litigation against public entities under the "Colorado Governmental Immunity Act", see 24-10-114.5.

Annotations

 

ANNOTATION

Annotations

Where attorneys' right to fee award out of common fund established in class action vested before the enactment of this section, the state constitution prohibits the retrospective application of this section to defeat class counsel's right to the court-ordered fee. Kuhn v. State, 924 P.2d 1053 (Colo. 1996).

This section does not violate the equal protection guarantees of the U.S. or Colorado Constitutions because it is rationally related to the legitimate state interest of protecting class members' recovery for unlawful governmental action. A statute does not necessarily violate the equal protection guarantee because its classifications are imperfect. Buckley Powder Co. v. Colo., 70 P.3d 547 (Colo. App. 2002).

This section does not deny equal access to the courts. Aggrieved individuals may sue as individuals or as a class; therefore, the statutory cap does not place an unreasonable burden on class claimants. Buckley Powder Co. v. Colo., 70 P.3d 547 (Colo. App. 2002).

PART 3
RETENTION OF ATTORNEYS BY GOVERNMENTAL ENTITIES -
LIMITATION ON CONTINGENT FEE CONTRACTS