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Long Standing Fee Dispute Goes Before Ninth Circuit

March 25, 2010 | Posted in : Expenses / Costs, Fee Dispute, Fee Dispute Litigation / ADR, Fee Issues on Appeal, Unpaid Fees

The dispute over $12 million in attorney fees McGuire Woods claims it is owed for its work as plaintiff’s counsel in the Bar/Bri class action litigation has gone to the 9th U.S. Circuit Court of Appeals.  The underlying class action alleged that Bar/Bri and its parent company West Publishing Corp. conspired with Kaplan to divide the legal testing market consumer base by reserving the LSAT market for Kaplan and the bar market for Bar/Bri.  The case eventually settled for $49 million with about 300,000 Bar/Bri test takers receiving $125.  The U.S. District Court in California eliminated all the firm’s attorney fees over an apparent conflict of interest.  McGuire Woods has received no attorney fees to date, but was granted payment for their expenses which total $1.2 million.