[DOWNLOAD] "State V. Baca" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Baca
- Author : New Mexico Court of Appeals
- Release Date : January 02, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This case involves the circumstances under which a district court may award attorney fees as an exception to the usual "American Rule," pursuant to which the parties to litigation bear their own attorney fees. The district court awarded over $86,000 in fees and costs to the attorneys for a state employee (Baca). Baca was fired from his job by the State Highway Department and was reinstated after an administrative hearing by the State Personnel Board. The Highway Department twice appealed Baca's reinstatement to the district court. On the first appeal the district court remanded the matter to the Personnel Board for consideration of exceptions filed by the Highway Department. The second appeal resulted in an affirmance of the Personnel Board's decision reinstating Baca to his job. The district court granted Baca's request for all attorney fees incurred in seeking his reinstatement, whether those fees were incurred for proceedings before the Personnel Board or for the appellate proceedings before the district court.