Common benefit fees are assessed to pay for the discovery and other pre-trial work undertaken by a multidistrict litigation’s plaintiffs’ steering committee for the benefit of every claimant and their counsel with cases pending. But not everyone willingly pays those fees.
During the MDL over diabetes drug Avandia, “certain settling plaintiffs’ counsel essentially sought an end-run around the payment of assessments in the MDL by seeking a ruling from a state court in Alabama that they were not required to pay assessments on their cases,” according to court filing in another MDL. While the state judge ruled the assessments were not owed, U.S. District Judge Cynthia M. Rufe of the Eastern District of Pennsylvania found the assessments were owed in the cases of those settling plaintiffs.
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