Lawyers for some 10,000 plaintiffs in the 9/11 respiratory cases are sparring over the division of common benefit costs in the pending settlement. Andrew Carboy of Sullivan Papain Block McGrath & Cannavo, who represents 689 plaintiffs, mostly firefighters, filed papers yesterday with Southern District Judge Alvin K. Hellerstein challenging “at least $407,925″ of the $1.76 million in common benefit costs sought by co-liaison plaintiffs’ counsel Worby Groner Edelman & Napoli Bern. Among the challenges made by Mr. Carboy are to some $221,396 in expert costs he said are actually attorney’s fees, and $93,787 in payments made to public relations firms. Mr. Carboy said in court papers the Napoli firm is trying to “circumvent” its agreement to limit its contingency fees to 25 percent in the proposed $712.5 million settlement.
Lead lawyer Paul Napoli yesterday disputed those claims and said in an interview that the costs should be allowed, adding, “What is going on is part of a process the judge established to determine common benefit costs. The Papain firm is aware that, through our efforts alone, this litigation was able to advance and they received the benefit of our effort for doing little or no work.”
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