Two law firms have dropped a dispute about expenses in long-running litigation
over respiratory diseases and other injuries suffered as a result of rescue and
debris-removal operations following the Sept. 11, 2001, terrorist attack in New
York.
The dispute was over so-called "common benefit costs," which would have
reduced the amount of lawyers fees in the case.
A revised settlement was unveiled in the case in June, which would pay
thousands of city workers and others who suffered injuries while working at
Ground Zero, up to $712.5 million. Workers have until Sept. 8 to decide whether
to accept the deal.
According to a court filing Wednesday, plaintiffs firms Sullivan Papain Block
McGrath & Cannavo PC and Worby Groner Edelman & Napoli Bern LLP have agreed to
waive their right to recover common benefit costs from each other or any
plaintiff in the litigation.
Napoli Bern, which represents more than 9,000 plaintiffs in the litigation,
also agreed to not charge its clients or other plaintiffs for lobbying expenses,
public relations consultants and attorney consultants, according to the filing.
"Everybody is looking forward to the end of this case," said Marc J. Bern of
Napoli Bern. "We didn't think it was important at this point any longer to
continue to have this dispute. We want the men and women--the heroes of 9/11--to
get compensated as quickly as possible."
(This story and related background material will be available on The Wall
Street Journal Web site, WSJ.com.)
The World Trade Center case is being handled as a mass tort case, in which
thousands of individual cases are consolidated for pretrial motions, rather than
as a class-action.
Last week, Sullivan Papain, which represents 689 plaintiffs, challenged about
$407,925 of more than $1.756 million in common benefit costs submitted by Napoli
Bern. That included more than $220,000 in "expert costs" that Sullivan Papain
claimed were improperly labeled legal fees.
Napoli Bern then challenged about $222,063 in common benefit expenses
submitted by Sullivan Papain.
-By Chad Bray, The Wall Street Journal; 212-227-2017; chad.bray@wsj.com
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09-01-10 1457ET
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