Pa. Can't Hog Fee Award From Vioxx Settlement, Judge Says

Law360, New York (May 2, 2013, 1:37 PM EDT) -- Outside counsel who helped secure Pennsylvania's $8.25 million Vioxx settlement against Merck & Co. may have to share their attorneys' fee award with the individual plaintiffs' lawyers after a Louisiana federal judge ruled Tuesday that Pennsylvania isn't immune from the fee claim.

Pennsylvania argued that the fee claim filed by the plaintiffs' steering committee was actually a damages claim against the state and was barred by the Eleventh Amendment, which bans individuals from suing states. But U.S. District Judge Eldon Fallon rejected Pennsylvania's damages argument on...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.