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New Article: Common Benefit Attorney Fees in Multidistrict Litigation

August 7, 2014 | Posted in : Fee Scholarship

U.S. District Court Judge Eldon E. Fallon of the Eastern District of Louisiana has written a new article, “Common Benefit Fees in Multidistrict Litigation” (pdf) in Louisiana Law Review.  Judge Fallon oversaw the Vioxx MDL. 

The article discusses the history of the common benefit fee concept, how the amount of the common benefit fee is computed, the eligibility requirements for claiming common benefit fees, and the method for determining how these fees should be distributed among those who have done common benefit work. 

The article concludes, “Each MDL is usually complex and always unique; this is in the DNA of this type of litigation.  There is no one way of dealing with the multitudinous issues that erupt during the course of litigation.  This is certainly true when it comes to determining the amount and appropriate distribution of the common benefit fee.  Every MDL will have its own peculiarities that will call for some distinct approach.  But whatever approach is used, it is helpful if it is developed as early as possible, is transparent, includes input from all interested participants, and contains a multilayered process for deciding the amount of each distribution.”