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Tuesday, April 30, 2024

Mass tort lawyers settle with consulting firm after judge refuses to postpone trial

Attorneys & Judges
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NEW ORLEANS (Legal Newsline) - Mass tort lawyers have settled their lawsuit against a consulting firm over a contested $2.5 million invoice.

Ahead of a May 15 trial date, and just after the presiding judge expressed frustration with a request for an extension, Dugan Law Firm settled with KCC Class Action Services for an undisclosed amount, it notified the New Orleans federal court on March 20.

Dugan had hired KCC in 2015 to assist with client intake and retention, client communication, medical record retrieval and review, plaintiff fact sheet (PFS) completion and filing, discovery assistance, settlement negotiation, lien resolution, and funds disbursements for mass tort litigation

Years later, there were discrepancies between the parties. Dugan paid a $31,000 “break-up” fee in 2019 and paid $480,000 more to KCC by February 2021, Dugan’s lawsuit says.

The most recent bill is the source of the seven-figure litigation. The Dugan firm practices in mass torts like talcum powder and ear plugs, among other areas.

Judge Ivan L.R. Lemelle granted partial summary judgment to KCC on five issues in January and recently denied the Dugan firm's motion for reconsideration.

On March 8, he denied a motion to continue the trial, essentially telling the parties to find an agreement or start preparing for the courtroom.

"DLF's motion included the requested timeline and commitment," he wrote. "However, we remind parties that this case has been pending before this court since June 8, 2021, the court previously granted two motions to continue, the court already ruled on dueling motions for partial summary judgment and continues to rule on other dispositive motions, and his is not a particularly complex matter.

"DLF contends good cause exists due to a burdensome amount of discovery and challenges posed by cross-country depositions, burt parties have known about these deadlines since Sept. 13, 2022. The Court cannot, and will not, continue this case forever."

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