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$567 Million Fee Award Upheld in Fen-Phen Litigation
National Law Journal
October 9, 2009
A federal appeals court on Thursday rejected challenges to the $567 million attorney fee award in the fen-phen diet-drug litigation, declaring that Chief U.S. District Judge Harvey Bartle III of the Eastern District of Pennsylvania had handled the massive case properly at every step. "The amount of the award, though extraordinarily large, is not excessive in this extraordinary case," 3rd Circuit Judge Kent A. Jordan wrote.
Jordan found that Bartle "employed transparent procedures and undertook a thorough and proper analysis -- based on the appropriate information -- in determining the award." The 64-page opinion by Jordan was fully joined by 3rd Circuit Judge Dolores K. Sloviter and partially joined by Judge Thomas L. Ambro.