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The State of New York v. Philip Morris

Plaintiffs, defendants and intervenors appeal from an order of the Supreme Court, New York County (Charles Ramos, J.), entered October 22, 2002, which, to the extent appealed from, granted the court's own motion to the extent of staying the payment of legal fees and directing Outside Counsel to sub.....

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Plaintiffs, defendants and intervenors appeal from an order of the Supreme Court, New York County (Charles Ramos, J.), entered October 22, 2002, which, to the extent appealed from, granted the court’s own motion to the extent of staying the payment of legal fees and directing Outside Counsel to submit a proposed notice informing the members of the class, inter alia, that Outside Counsel would be making application for a fee for the settlement of this case, and denied the cross motions of the Attorney General and various representa- tives of Outside Counsel to, inter alia, vacate the court’s prior order to show cause, dismiss the proceeding, and for an order determining that the court had no jurisdiction to take any action regarding the attorneys’ fees awarded Outside Counsel in the arbitration proceeding under the Master Settlement Agreement. Plaintiffs and intervenors also appeal from an order, same court and Justice, entered January 17, 2003, which sua sponte appointed “independent counsel” for plaintiff class members.

Sachin S. Pandya, of counsel (Michael S. Belohlavek, on the brief, Eliot Spitzer, Attorney General of the State of New York, attorney) for plaintiffs-appellants.

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