§ 6.4.4.2 "SOCIETAL IMPORTANCE" NOT FOUND

• Jurisdiction: Arizona

§ 6.4.4.2 "Societal Importance" Not Found

In State v. Boykin, 112 Ariz. 109, 538 P.2d 383 (1975), the Supreme Court of Arizona reversed the trial court's award of attorneys' fees under the private attorney general doctrine because "appellees were not pressing their claim in hopes of directing substantial benefits to the general public." Id. at 114, 538 P.2d at 388. Boykin was a successful overtime class action by DPS officers. The lawsuit benefited a discrete group, rather than the public at large. "To hold otherwise would virtually abolish the general [American] rule against such [attorneys' fees] awards." Id.

In Corley v. Arizona Bd. of Pardons & Paroles, 160 Ariz. 611, 775 P.2d 539 (App. 1989), the Arizona Court of Appeals affirmed the trial court's denial of attorneys' fees under the private attorney general doctrine to an inmate who established that the Arizona Board of Pardons and Paroles had not followed the proper procedures in evaluating his parole application. It explained that Arnold was "of general societal importance," while this case was not:

In this case, there is no indication that a large number of people have had...