The absence of substantial objections by an attorney to a settlement’s terms for distributing legal fees in a nationwide class action implied his assent, even though he never signed it, a federal appeals court has decided.
At issue was a fee allocation formula hammered during the final acts of a hard-fought, 13-year battle over the installation of fiber-optic cable without the consent of landowners across the country by Qwest Communications Co. One of the 50 law firms involved, The Susman Group of St. Louis, agreed to the fee division but balked at signing the written agreement because, attorney Arthur Susman said, he disliked the terms of enforcement.
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