Stewart v. Utah Pub. Serv. Comm'n
In Stewart v. Utah Pub. Serv. Comm'n, 885 P.2d 759, 782 (Utah 1994), the Court awarded attorney fees under the doctrine but "noted the exceptional nature of that case.
The Court further noted that any future award of attorney fees under this doctrine would take an equally extraordinary case." Id. at 783 n.19.
In that case, the Court applied an extremely high standard--that "but for" plaintiffs' action, the ill could not have been cured.
The Court explicitly relied on the private attorney general doctrine to require an award of attorney fees when the "'vindication of a strong or societally important public policy' takes place and the necessary costs in doing so 'transcend the individual plaintiff's pecuniary interest to an extent requiring subsidization.'" Id. at 783.
The Court also commented on the "exceptional nature" of the Stewart case, and stated that "any future award of attorney fees under the private attorney general doctrine would take an equally extraordinary case." Id. at 783 n.19.