Daniel Fisher News

Opioid defendants say plaintiffs stonewalling them on crucial evidence

By Daniel Fisher | Nov 15, 2018

Opioid defendants say plaintiffs stonewalling them on crucial evidence

Money for nothing: SCOTUS could stop class action funds from being steered to non-parties

By Daniel Fisher | Nov 1, 2018

WASHINGTON (Legal Newsline) - The U.S. Supreme Court heard arguments yesterday in a case that could end cy pres, the practice of steering money in class action settlements to organizations with absolutely no connection to the underlying lawsuit.

Law firm in controversial $300M settlement reveals referral fees in a third of open cases

By Daniel Fisher | Oct 24, 2018

BOSTON (Legal Newsline) - Labaton Sucharow revealed it has agreed to pay referral fees to outside lawyers in almost a third of its open lawsuits, responding to prodding from the judge overseeing the scandal-tinged, $300 million State Street Bank & Trust case.

Time running out for lawyers suing opioid industry to show specific proof

By Daniel Fisher | Oct 20, 2018

The judge overseeing multidistrict litigation against the opioid industry has given plaintiffs a stark choice on a tight deadline: Hand over evidence of specific prescriptions they believe were improper or lose the right to present such evidence forever.

Law firm 'deeply regrets' the $4M fee steered to attorney who did no work on class action

By Daniel Fisher | Oct 11, 2018

BOSTON (Legal Newsline) - Securities class action firm Labaton Sucharow has reached a tentative truce with the special master investigating questionable activities that include a $4.1 million referral fee paid to a lawyer who did no work but served as the middleman between Labaton and an Arkansas pension fund that served as lead plaintiff in a lawsuit against State Street Bank and Trust.

Facing complaints of excessive fees, Texas counties release billing records of their opioid lawyers for free

By Daniel Fisher | Oct 10, 2018

Texas counties that demanded tens of thousands of dollars to provide billing records from outside attorneys representing them in opioid lawsuits have mostly agreed to hand them over for free

Opioid lawsuits should proceed, magistrate tells MDL judge

By Daniel Fisher | Oct 9, 2018

A magistrate judge recommended that a bellwether trial against the opioid industry proceed, rejecting nearly all the arguments presented by manufacturers, distributors and retailers in their motions to dismiss hundreds of lawsuits accusing them of causing a national crisis.

Hog farmers facing lawsuits, eight-figure verdicts worried judge will silence them again

By Daniel Fisher | Sep 21, 2018

The U.S. Court of Appeals for the Fourth Circuit is scheduled next week to hear arguments over a broad gag order issued by a judge overseeing a series of nuisance lawsuits against North Carolina hog farms that threatened to muzzle farmers and industry organizations opposed to the litigation.

Trump admin makes use of Medicare law in blunt warning to asbestos lawyers

By Daniel Fisher | Sep 19, 2018

In the Trump administration, at least, the government will no longer look the other way as asbestos lawyers negotiate lenient terms that make it easy for their current clients to get money at the expense of future claimants and federal entitlement programs.

Want to know what opioid lawyers are up to in Texas? It costs thousands to find out

By Daniel Fisher | Sep 14, 2018

Some Texas counties are demanding tens of thousands of dollars to comply with open-records requests for documents detailing the time and expenses private attorneys have racked up so far representing them in opioid litigation.

Lawyers for Texas counties in opioid cases may not have valid contracts

By Daniel Fisher | Aug 24, 2018

Some lawyers and Texas counties who have teamed to sue the opioid industry have not received the required approval from a state official.

Rhode Island sues over climate change, using similar claims the state Supreme Court has already rejected

By Daniel Fisher | Jul 3, 2018

R.I. AG Peter Kilmartin better hope Rhode Island courts import California’s concept of public nuisance law, since the last time a Rhode Island AG tried this tactic, over lead paint, the state Supreme Court rejected the claim entirely.

Court unseals scathing report accusing Labaton of misconduct in State Street case

By Daniel Fisher | Jul 2, 2018

A federal judge unsealed a lengthy report accusing Labaton Sucharow and a Massachusetts law firm of deliberately misleading the court about how it distributed the fees in a $300 million settlement with State Street Bank and Trust Co., including $4.1 million paid to a Houston lawyer who did no work on the case.

Insurers to feel brunt of New Jersey asbestos ruling, while Delaware hits employers on same day

By Daniel Fisher | Jun 28, 2018

A decision by the New Jersey Supreme Court forces Honeywell’s insurers to pay for thousands of asbestos claims even though the company, through its Bendix unit, continued to make asbestos-containing brake products for more than a decade after it could no longer obtain insurance coverage for such products.

Motley Rice hit with RICO lawsuit by jailed ex-billionaire it accused of funding terrorism

By Daniel Fisher | Jun 26, 2018

Six days after the FBI arrested billionaire Raj Rajaratnam on insider-trading charges in October 2009, lawyers at Motley Rice hit him with their own charge: Financing terror.

Labaton escalates spat with judge in State Street case, demands ex parte communications

By Daniel Fisher | Jun 25, 2018

Labaton Sucharow, having failed to get a federal judge to recuse himself, asked him to turn over records of any out-of-court communications with the special master probing allegations that Labaton overcharged its clients and improperly shared part of its $75 million fee.

'They're always wrong': NYC's hired guns cite overturned case as authority for climate change lawsuit

By Daniel Fisher | Jun 19, 2018

It was a surprising opening move, to say the least. Arguing for the City of New York in its climate lawsuit against five major oil companies, attorney Michael Pawa cited AEP v. Connecticut, a 2009 decision by the U.S. Court of Appeals for the Second Circuit, as “persuasive authority” in his clients’ favor.

NYC's climate change lawsuit faces scrutiny from judge during dismissal arguments

By Daniel Fisher | Jun 14, 2018

A clearly skeptical federal judge questioned the basic premise behind New York City’s lawsuit against five of the world’s biggest oil companies over climate change on Wednesday

Art imitates life: 'Billions' describes six-figure, part-time jobs on asbestos trusts

By Daniel Fisher | Jun 7, 2018

NEW YORK (Legal Newsline) - The third season of the wildly popular show "Billions" premiered in March with a mention of an oddly arcane subject: asbestos bankruptcy trusts. The dialogue coming out of the mouth of prosecutor Chuck Rhodes, played by Paul Giamatti, becomes a little less mysterious when you look at who wrote it, however.

Three weeks after Silver conviction, NY lawmakers balking at asbestos reform

By Daniel Fisher | Jun 2, 2018

NEW YORK (Legal Newsline) – Reform bills that would require asbestos plaintiffs to disclose all potential claims in court appear stalled in the New York legislature, three weeks after former Assembly Speaker Sheldon Silver was convicted for a second time on charges stemming directly from the state’s scandal-prone asbestos court system.

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