2008-10-13 18:09:03 -
- Newdorf Legal David Newdorf, 415-357-1234 david@newdorf.com A San Mateo County judge ordered a large national law firm and a Texas developer to pay the City and County of San Francisco $3.43 million in attorneys' fees and costs for their unsuccessful four-year legal battle against the San Francisco International Airport. This is the largest fee ever awarded to
San Francisco for the successful defense of a lawsuit.
Developer Airis Holdings LLC of Houston, Texas, and its attorneys from Duane Morris LLP sued San Francisco for breach of contract after the City rejected a proposed $250 million air cargo facility. The Board of Supervisors voted the project down in December 2003, citing the adequacy of payments to the Airport, use of a private developer, and the fairness of the process to select Airis for exclusive negotiations.
The case is unusual both for the size of the fee award and the fact that a major law firm is liable for its opponent's fees and costs, said San Francisco litigator David Newdorf, who represents the Airport.
In explaining the size of the fee award at a hearing October 10, 2008, San Mateo Superior Court Judge Carol Mittlesteadt said that the case had been "litigated, and litigated, and litigated" since it was filed in 2005. She praised the legal work done by the San Francisco City Attorney's Office as "excellent." Newdorf headed the defense as a Deputy City Attorney and continued to represent the City after he opened his own litigation firm, Newdorf Legal.
Aaron Peskin, president of the San Francisco Board of Supervisors, said: "David Newdorf's tireless advocacy made the difference and saved taxpayers millions of dollars."
The case had high stakes for both sides. Including the fee award, the litigation has cost Duane Morris and its client $9 million or more, Newdorf estimated.
The lawsuit is Airis SFO LLC et al. v. City and County of San Francisco, No. CIV448274, San Mateo County Superior Court.
San Francisco Lawyer David Newdorf Won a $3.4 Million Attorneys'
Fee Award for the City and County of San Francisco from a Developer
and Its Lawyers at Duane Morris LLP
