NEW YORK (Legal Newsline) - Lawyers who want half of more than $470,000 in fees and costs given out in a class action settlement failed to submit their billing records, says the firm fighting to keep it all.
The Law Office of Ronald A. Marron on Sept. 19 filed its motion to dismiss a lawsuit brought by Canova Law Office over fees from a class action against Walmart, Lang Pharma Nutrition, CVS, Walgreen and Meijer Distribution involving a dietary supplement called Co!-10.
The suit said the supplements weren't as effective as advertised. The settlement created a fund for consumers worth more than $1.3 million and generated $435,289.80 in fees and nearly $40,000 in costs.
The Canova firm's lawsuit said it performed substantial work on the case and had a 2017 agreement with Marron to take half of the fees from the case.
"The agreement provides that 'The parties jointly shall explore, develop, and prosecute (in their joint discretion) the Jackson litigation,'" Marron's motion to dismiss says.
"Canova does not attach the agreement to the complaint and misleads the court by alleging that a purported 'Engagement Letter' is the operative contract."
Canova never prosecuted the case or appeared as counsel, Marron says, and also never submitted time records for the court's consideration of the attorneys fees award.
"(B)y failing to appear as counsel in the Jackson litigation, Canova never disclosed the terms of the fee split agreement to the Jackson court," the motion says.
The motion seeks in the alternative a transfer to San Diego federal court. The settlement of the class action at issue was reached in state court there.