Celebrities, Prevailing Party, Special Fee Shifting Statute: Nevada Supreme Court Adopts “Catalyst Theory” For Purposes Of Awarding Attorney’s Fees And Costs Under The Nevada Public Records Act

Public Records Request Related To Las Vegas Murder Of American Rap Artist Tupac Shakur; California, Too, Has Adopted This Theory Under The California Public Records Act.

            In Las Vegas Metropolitan Police Dept. v. The Center for Investigative Reporting, Inc., No. 77617, 136 Nev. Advance Opinion 15 (Nev. Sup. Ct. Apr. 2, 2020), the Nevada Supreme Court reviewed the granting of attorney’s fees and costs to the Center for Investigative Reporting and against the Las Vegas Metropolitan Police Department when the Center sought disclosure of records relating to the murder of American rap artist Tupac Shakur.  Although no judgment on the merits was entered, the parties did reach an agreement by which the Center gained access to the requested records.  The lower court granted Center attorney’s fees and costs under a fee-shifting provision of the Nevada Public Records Act.  The Nevada Supreme Court affirmed.

            It endorsed the view that a pre-merits resolution disclosure could result in a fee/costs award under a “catalyst” theory adopted by many states in the context of public record act disputes.  In doing so, it adopted the formulation of the catalyst theory in Graham v. Daimler Chrysler Corp. (2004) 34 Cal.4^th 553.  For California cases discussing that the catalyst theory is applicable to Government Code section 6259(a)—the fee-shifting provision under the California Public Records Act—see Beth v. Garamendi (1991) 232 Cal.App.3d 896, 901-902; Pacific Merchant Shipping Assn. v. Board of Pilot Comm’rs (2015) 242 Cal.App.4^th 1043, 1056.  The Reporters Committee for Freedom of the Press has a nice summary of public record act fee-shifting provisions among the various U.S. states in an Internet post found at www.rcfp.org/open-government-sections/a-attorney-fees.

            BLOG HAT TIP—Carter C. White, supervising attorney for the King Hall Civil Rights Clinic, U.C. Davis School of Law, provided us with notice of this decision and sent along wishes that he hoped everyone associated with this blog is well during the pandemic.  We can report that we are, hat tipping him and hoping he is doing well, too.