Manatt Litigation Partner Speaks to Law360 on Hyde Amendment Appeal

Manatt Litigation Partner Speaks to Law360 on Hyde Amendment Appeal

"Justices Won't Hear Appeal Over Prosecutorial Misconduct"

November 13, 2012—Manatt's Kenneth Julian, a partner in the firm's Litigation Division, spoke to Law360 about the U.S. Supreme Court's refusal to hear a case appealing the Eleventh Circuit's interpretation of the Hyde Amendment.

Law360 reports that the U.S. Supreme Court, in declining to consider the appeal of a ruling preventing defendants from recovering fees from prosecutors who conduct bad faith investigations, leaves in place the Eleventh Circuit's 2011 interpretation of the Hyde Amendment. The Eleventh Circuit determined that the Hyde Amendment, which allows courts to force the government to pay defendants' litigation costs in certain circumstances, only applies when prosecutors bring baseless charges or cases that exceed constitutional constraints.

The ruling had drawn the opposition of more than 60 federal judges and prosecutors, who argued in a brief to the high court that the circuit court had gutted the Hyde Amendment with such a narrow ruling.

Julian told the publication that future cases might provide the high court with a better opportunity to properly review any conflicting interpretations of the Hyde Amendment.

"We shouldn't give up on this fight," said Julian. "I think the Hyde Amendment still needs to be reviewed but maybe this case didn't have the factual circumstances to carry the day."

Read the article here.



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