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Opal Harger v. Department of Labor

9th CircuitJune 10, 2009No. 08-35111
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Ninth Circuit affirmed denial of attorney Foulds's motion for an equitable lien for attorney's fees from EEOICPA lump sum payments, holding the United States had not waived sovereign immunity to permit a common fund fee award.

What This Ruling Means

**Harger v. Department of Labor: Government Wins Immunity Case** Opal Harger sued the Department of Labor and sought to have the court order the government to pay her attorney's fees. She also wanted a preliminary injunction - essentially asking the court to temporarily stop the government from doing something while the case was ongoing. Harger argued that the government should pay these fees under what's called the "common fund doctrine," which sometimes requires one party to pay the other side's legal costs. The court ruled against Harger on both requests. The Ninth Circuit Court of Appeals upheld a lower court's decision, determining that the U.S. government had "sovereign immunity" in this case. Sovereign immunity is a legal protection that prevents people from suing the government unless the government specifically agrees to allow such lawsuits. **What this means for workers:** This case highlights a significant challenge when suing federal agencies. Even if workers have valid complaints against government employers, they may face hurdles in recovering attorney's fees or getting emergency court orders. The government's sovereign immunity can limit workers' options and make it more expensive to pursue federal employment disputes, since workers might have to pay their own legal costs even if they have strong cases.

This summary was generated to explain the ruling in plain English and is not legal advice.

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