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Trial Ordered Over Firm's Distribution of Fen-Phen Settlement

New York Law Journal

March 28, 2007

A New York judge has ordered a trial to determine whether the law firm that negotiated a massive settlement with the maker of the fen-phen diet drug violated ethical rules by apportioning the settlement in a way designed to inflate the firm's share of the funds. The judge cited in particular an affidavit by a former Napoli Bern attorney who said the firm had misled clients about the process. The drug maker settled the suit under confidential terms, but the settlement has been estimated to exceed $1 billion.

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