Plaintiffs' lawyers eyeing big paydays from the $26 billion settlement resolving claims that the three largest U.S. drug distributors and Johnson & Johnson fueled the opioid epidemic were delivered a reality check after a federal judge capped their contingency fees at 15%.
But Polster said a cap on how much lawyers could earn if they enforce their fee contracts against the counties and cities that hired them was necessary to ensure money meant to help address the drug crisis was used for that purpose.
For plaintiffs: Joe Rice of Mot ley Rice, Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein, Peter Mougey of Levin Papantonio Rafferty, Paul Geller of Robbins Geller Rudman & Dowd, Chris Seeger of Seeger Weiss and others
Paul Geller, a lawyer at Robbins Geller Rudman & Dowd who helped negotiate the settlement, said that while Polster correctly noted fee caps are unpopular, "if there ever were a case where a lawyer should agree to a fee cap, this is it."
The proposed deal, announced on July 21, calls for the distributors McKesson Corp, Cardinal Health and AmerisourceBergen to pay a combined $21 billion while the drugmaker J&J would pay another $5 billion .
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But in his 16-page ruling, Polster noted that instead of tapping those funds, attorneys could simply enforce their contingency fee contracts and collect a share of what their clients are paid.
Steven Donziger, an environmental lawyer who won a $9.5 billion settlement against Chevron over oil pollution in Amazon rainforest Indigenous lands, has said his imprisonment will "backfire."
Steven Donziger arrives for a court appearance at Daniel Patrick Moynihan United States Courthouse in Manhattan on May 10, 2021 in New York City. Michael M. Santiago/Getty Images
Donziger was disbarred last year after being found guilty in July of criminal contempt of court for withholding the evidence in the legal fight with Chevron, which claims that he fabricated evidence in the 1990s to win a lawsuit he filed against the energy giant on behalf of Indigenous people in Ecuador.
Today is Day One of the countdown to release. House arrest is over and the ankle bracelet has been removed. Onward. pic.twitter.com/D1xWgBeZxN