§ 11.2.1.4.2 The “Private Attorney General Doctrine.”

JurisdictionArizona

§ 11.2.1.4.2 The “Private Attorney General Doctrine.” Arizona recognizes a common-law fee-shifting principle similar in purpose to A.R.S. § 12-348. The “private attorney general doctrine” allows an award of fees to a party who has vindicated a right that: “(1) benefits a large number of people; (2) requires private enforcement; and (3) is of societal importance.” Arnold v. Ariz. Dep’t of Health Serv., 160 Ariz. 593, 609, 775 P.2d 521, 537 (1989). Fees collected pursuant to this doctrine are not available when the plaintiff files the action for its sole benefit. See Arnold v. Ariz. Bd. of...

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