Last year, in a landmark public nuisance case, the Rhode Island Supreme Court held that the attorney general ``cannot allege`` facts sufficient to state a claim for common law public nuisance against lead pigment manufacturers and rendered judgment (PDF:341KB)for the defendants. Shortly thereafter, the defendants asked the court to require the state to reimburse them for some of their costs. In its defense the state claimed sovereign immunity. The trial court recently rejected (PDF:95KB) the sovereign immunity defense, holding that ``as a matter of fundamental fairness`` when a state makes a calculated decision to pursue litigation as the plaintiff, ``the state waives its sovereign immunity`` and is liable for costs of court. Interestingly, in the decision`s final footnote, the court openly suggests that the state`s private contingent fee counsel could be contractually bound to ``ultimately bear responsibility for these expenses.``Commentators are suggesting that this is ``apt justice`` for contingent fee law firms touting their services as a ``win-win situation`` for the public entities that hire them to pursue speculative litigation.