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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.
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
Opinion by Jordan, Circuit Judge
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