"Absent" members in class action litigation are a "unique species" of clients who do not enjoy a presumptive right of access to class counsel's case files upon the termination of representation, the New York Court of Appeals has concluded, upholding a lower court's denial of investor Sam Wyly's request for work product. Wyly, an absent member of the class, is suing Milberg and two other firms for settling litigation against a software company for what he contends was too little money.
'Absent' Class Member Wyly Denied Access to Case Files for Suit Against Milberg, Other Firms
New York Law Journal
May 11, 2009