Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The state Superior Court has upheld a $187.6 million class action award against retail titan Wal-Mart over allegations that its Pennsylvania employees were not properly compensated for off-the-clock work and missed rest breaks.

At the same time, the panel of Judges John L. Musmanno and Christine L. Donohue and Senior Judge James J. Fitzgerald III also found that the $45.6 million in attorney fees Philadelphia Common Pleas Court Judge Mark I. Bernstein awarded to law firms Donovan Searles & Axler in Philadelphia, Abbey Spanier Rodd Abrams & Paradis in New York, Bader & Associates of Denver, and Azar & Associates of Aurora, Colo., must be recalculated.

Bernstein "inadvertently double-counted" the firms’ contingency fee rates, the panel said in a 211-page per curiam opinion released today.

When Bernstein granted the class counsels to apply a contingency multiplier of 3.7 to their total counsel fees of $12.34 million and $3.58 million in expenses for the work of 26 lawyers and 17 paralegals, among others, he did not take into account that Donovan Searles, as well as Abbey Spanier, had already factored the risk of a contingency fee into their rates, the panel said. The other firms calculated their rates based on their complex litigation hourly rates.

Read more about it in Monday’s

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.