John M. Becker

Victorious WI Marriage Lawyers to State: Pay Up

Filed By John M. Becker | December 15, 2014 1:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: ACLU, gay marriage, J.B. Van Hollen, marriage equality, same-sex marriage, Scott Walker, Wisconsin

wisconsin_satellite.jpgThe legal team that won marriage equality in the Badger State by successfully overturning an unconstitutional marriage discrimination amendment has a message for Wisconsin's anti-gay Republican governor Scott Walker and attorney general J.B. Van Hollen: pay up.

The Wisconsin State Journal reports:

The legal team, headed by the ACLU, sued in February to overturn a state constitutional amendment banning same-sex marriage on behalf of eight couples.

In a filing late Friday afternoon in U.S. District Court in Madison, the team wrote that in part, the hours they put into the case were driven by an aggressive defense of the amendment by lawyers for the state.

"Defendants' decisions to file multiple motions, conduct discovery, assert novel arguments, and frantically try to stop marriages from occurring increased the substantive and procedural complexity of plaintiffs' counsels' work in the trial court and the Court of Appeals, and thus the time required to competently prosecute the action," wrote lawyers for the plaintiffs.

The group also asked that U.S. District Judge Barbara Crabb consider the efficiency of their own work and their need to monitor and adjust to rapid developments in same-sex marriage litigation nationwide.

Under federal law, as prevailing parties in a civil rights action, the plaintiffs can seek an award of costs and expenses, including reasonable attorney fees, they wrote.

The group is asking for $1,243,804 in attorney fees and out-of-pocket expenses for 2,393 hours of work performed by a team of 13 lawyers, plus paralegals and support staff. The plaintiffs in the case also submitted a separate bill for $3,099 in other expenses, the Journal adds.

UPDATE: A copy of the plaintiffs' motion is after the break, via Equality Case Files.

3:14-cv-00064 #163 by Equality Case Files

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