Does the availability of a multiplier for attorneys' fees in a state court, but not in a federal court, lead to forum shopping?

MultiRegion, United States of America

The following excerpt is from Mangold v. California Public Utilities Com'n, 67 F.3d 1470 (9th Cir. 1995):

Applying Hanna, the availability of a multiplier for fees in state court, but not in federal court, would likely lead to forum-shopping. As this case illustrates, if a multiplier is procedural, a significant difference in fees would be available in state court but not in federal court--an "inequitable administration of the law." The method of calculating a fee is an inherent part of the substantive right to the fee itself, and a state right to an attorneys' fee reflects a substantial policy of the state. Cf. Chambers v. NASCO, 501 U.S. 32, 51-55, 111 S.Ct. 2123, 2136-38, 115 L.Ed.2d 27 (1991). The trial court did not err in applying state law to calculate the fees available under state law.

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