In re: Diet Drugs Prod. Liability Litig., No. 08-2363 - U.S. Third Circuit
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In re: Diet Drugs Prod. Liability Litig., No. 08-2363

In multidistrict mass tort litigation concerning appetite suppressant drugs commonly known as fen-phen, district court's final award of attorneys' fees entered on behalf of class counsel is affirmed where: 1) the fee proceedings were amply transparent under the jurisdiction's precedent; 2) given the duration of the litigation and the extraordinary efforts of class counsel, the amount of award, although extraordinarily large, is not excessive in this extraordinary case; and 3) while there are some reservations regarding the allocation of the assessments between the downstream opt-out claimants and the initial opt-out and the primary pulmonary hypertension (PPH) claimants, the district court did not abuse its discretion in apportioning the award as it did.    

Read In re: Diet Drugs Prod. Liability Litig., No. 08-2363

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

(D.C. No. 99-cv-20593)  

District Judge: Honorable Harvey Bartle, III

Opinion Filed October 8, 2009

Judges

Before:  Sloviter, Ambro, and Jordan, Circuit Judges

Opinion by Jordan, Circuit Judge 

Counsel

Counsel for Appellant:  Howard J Bashman, Brian S. Riepen, Raymond W. Valori

Counsel for Appellee:  Sol H. Weiss, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley; Charles R. Parker, Locke Lord Bissell & Liddell; Arnold Levin, Michael D. Fishbein, Laurence S. Berman, Levin, Fishbein, Sedran & Berman