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Can a plaintiffs lawyer who was a member of the steering committee in consolidated multidistrict litigation get out of paying common benefit fees for cases resolved outside of the MDL’s confines? That’s the question that will be argued next week before the 9th Circuit in a case arising from consolidated litigation over C.R. Bard’s blood clot filter implants. Ben Martin, who has served on the MDL steering committee since 2015, contends that the MDL judge doesn’t have the authority to force him to pay fees to other committee members for about 300 cases his firm settled outside of the consolidated litigation. The rest of the committee says MDL judges do have that power — and that Martin agreed to pay the fees when he signed on to MDL leadership. Alison Frankel has a detailed look at an issue that she says has vexed the courts for at least a decade.
Check out other recent pieces from all our columnists: Alison Frankel, Jenna Greene and Hassan Kanu
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U.S. District Judge Lorna Schofield dismissed veteran theater producer Garth Drabinsky’s lawsuit accusing the Actors’ Equity Association of unlawfully barring its members from working on his productions, in violation of federal antitrust law. “The Supreme Court has held that union members collectively choosing not to sell their labor to a particular employer — boycotting that employer — does not violate the antitrust laws,” Schofield wrote in her order.
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