A recent article, “Lawyer Says He Can’t Estimate Fees in Toyota MDL” reports that Dan Becnel Jr., the first attorney to submit his name for co-lead counsel of the multidistrict litigation (MDL) against Toyota Motor Corp., said in a court document that it would be impossible to predict the cost of attorney fees in the case.  Becnel filed the document to address the court’s request that attorneys applying for lead counsel status estimate possible fees.  In support of his position, Becnel cited the recent U.S. Supreme Court decision in Perdue v. Kenny A., in which the court ruled that attorney fees could be increased from a lodestar calculation, but only in extraordinary circumstances.  In the document, Becnel also suggests that time sheets should be filed monthly under seal and that an accountant audit those submissions.

The MDL involves nearly 200 federal lawsuits alleging that consumers were defrauded by Toyota or that sudden acceleration caused someone’s injuries or death.  Lawyers have until Friday to submit applications before the court’s committee.