9th U.S. Circuit Court of Appeals,
Class Action
Sep. 1, 2023
Bad facts make bad law, and it can cost you in MDL fees
This strategy is not recommended, but if you are not interested in paying common benefit fees for your cases, you should remain separate from, and not participate in, any of the benefits conferred upon you or your client through the joint discovery efforts of lead counsel and do everything on your own.
It has been said that bad facts make bad law. The real question is: bad for who? In the recent Ninth Circuit decision Law Offices of Ben C Martin v. Babbitt & Johnson PA, et al., the facts are really bad for the petitioner and not so much for the respondent. But either way, this is an important case as it sets forth the standards an MDL (multidistrict litigation) judge may use in determining when to impose common benefit fees and costs ...
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