The 1st Circuit has upheld a lower court ruling slashing a lawyer’s contingency fee with two clients from about $292,000 to $50,000. The circuit unanimously concluded that a lower court judge did not err in finding that attorney Zack Hawthorn’s contracted contingency fee with two whistleblower clients was excessive.
A federal appeals court has rejected class certification for third-party payers who claim Eli Lilly misrepresented the drug Zyprexa’s effectiveness and safety.
A bankruptcy action can be considered “commenced” even when a debtor has failed to meet a requirement imposed by Congress that he first receive credit counseling, the 2nd U.S. Circuit Court of Appeals has ruled. Interpreting a “statutory tangle” of bankruptcy provisions, the circuit said the counseling requirement under 11 U.S.C
What should the bench do to help lawyers navigate EDD disputes? Courts need to borrow from a 7th Circuit program, which states that “zealous representation of a client is NOT compromised by conducting discovery in a cooperative manner,” says an attorney on the circuit’s EDD committee.
Current and former sales representatives for Novartis Pharmaceuticals are not exempt from qualifying for overtime under the Fair Labor Standards Act, the 2nd Circuit ruled Tuesday. Adopting an interpretation of the law urged by the U.S. Department of Labor, the circuit reinstated the claims of some 2,500 plaintiffs who argued they should be paid overtime for working in excess of 40 hours per week.