Breaking News: We contacted CU defense attorney Patrick O'Rourke this morning via email and learned that he intends to bill Churchill for out-of-pocket legal expenses, such as deposition transcripts, out-of-state travel, and witness fees. "We haven't totaled those yet," O'Rourke told us, "but those expenses will probably be significant."
In regards to attorney's fees, however, Mr. O'Rourke notes:
[Churchill] brought suit under a federal civil rights statute, 42 U.S.C. 1983. When a plaintiff is a "prevailing party" under that statute, his attorney is entitled to a "reasonable fee" under another federal civil rights statute, 42 U.S.C. 1988. That statute normally allows the attorney's fees to be awarded in favor of a successful plaintiff, but does not normally create the same entitlement for a successful defendant. I saw that one of your readers posted a suggestion that the University might be able to recover attorney's fees under Colorado law for prevailing on a Rule 12 motion, but my motion wasn't filed under that particular rule, so Colorado law isn't much help either on attorney's fees.
Jim, from what you posted yesterday, attorney Roger Fraley seems to believe Churchill is required to pay CU's attorney fees as well.
Do you know if Patrick O'Rourke plans to seek an award of attorney fees (in addition to CU's other expenses and costs)? Can you ask Mr. O'Rourke and let us know what he says?
— Amy - 08 July '09 - 11:27
Sorry, Amy. O'Rourke told me the answer to that question, but I neglected to post it. Now fixed.
— [jwpaine] () (URL) - 08 July '09 - 11:39
Thanks for the fast response, Jim. Since O'Rourke is in-house counsel, the nonavailability of attorney fees probably isn't such a big deal for CU anyway.
— Amy - 08 July '09 - 11:48
Wonder if O'Rourke is a regular PB reader. . .
— jgm () (URL) - 08 July '09 - 11:57
It's my guess that if he was, his response to me this morning would not have been so profanity-free.
— [jwpaine] () (URL) - 08 July '09 - 12:05
Significant expenses? The Perfesser will really have something to complain about if he's hit with an invoice.
Maybe Benjii and the members of the DBAB(are they still with us?)will come to his rescue and take up a freewill collection. Watch for the anarchists or Russ Means' AIM to step up to the plate and bail him out.
— Boe - 08 July '09 - 12:32
Boe! Your exclamation point key broken?
— [jwpaine] () (URL) - 08 July '09 - 12:37
Let me see if I’ve got this about right. At this time:
-The jury verdict has been reversed
-Churchill’s $1 award has been revoked
-Churchill is liable for all his attorney’s fees, rumored to be in the one million range
-Churchill is liable for a significant part of CU’s costs at trial
-Churchill gets NO reinstatement or back/forward pay
I don’t see how the judge’s ruling could be much more discouraging to Churchill and his minions. Connect the dots, he lost big time.
I think I can feel a new conspiracy theory being cooked up, how else will they explain this gigantic loss?
— Fred - 08 July '09 - 13:00
Churchill's bill will be at least $10,000:
http://www.denverpost.com/ci_12784630
— Leah - 08 July '09 - 13:32
Yesterday we got separation of Churchill from state. Today we get the state separating Churchill from his money. I can't wait for tomorrow.
— Noj - 08 July '09 - 16:35
Sorry to have started the rumor/hope for attorney fees for CU before I read the Motion for Judgment as a Matter of Law and noticed it did not mention Rule 12 (b), which is a pre-requisite for attorney fees awarded pursuant to Section 13-17-201, C.R.S. Thanks for the mention.
— Roger Fraley () (URL) - 08 July '09 - 17:03
What you talkin' 'bout JW?
— Boe - 08 July '09 - 19:59
JW! Can the Perfessers' retirement be garnished to pay off CU?
That would be the ultimate kick in the teeth.
— Boe - 08 July '09 - 20:02
Is Taranto trying to say that Churchill is Lakota? What a retard. He's cherokee/euro/creek. What is he citing in saying he's sioux?
— Elise - 08 July '09 - 20:16
Elise: I don't speak for Taranto, but I'd guess he was shooting for the pun and nothing more. It's interesting you're so quick to judge him "a retard." And also to pronounce The Perfesser a "cherokee/euro/creek." Besides Churchill's own debased claims, what authority can you cite?
— [jwpaine] () (URL) - 08 July '09 - 20:31
Elise, if you've got some substantial evidence that Churchill is any kind of indian at all, you should really post it here. It might end up being a big help to him. He's no more an indian than I am a chicken McNugget.
— Klaymore () - 08 July '09 - 21:17
JWP: Re O'Rourke being a reader, yeah, that's kind of what I thought too, even though O'R doesn't strike me as the cussing type.
— jgm () (URL) - 08 July '09 - 22:58
Wait wait wait! I've got a better one! You ready? Ok, here it is:
"Ward Churchill is no more an indian than Eleventh Amendment immunity is the same as quasi-judicial immunity."
— Klaymore () - 09 July '09 - 19:24
I got here from a link and I guess I'm behind the power curve. So please enlighten me. Is Churchill fired? That would be great. Did anybody sign up for his classes if he had any?
— Fred () - 12 July '09 - 18:08
RTFB.
— jwpaine () (URL) - 12 July '09 - 18:37
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