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For some of its beneficiaries, the September 11th Victim Compensation Fund of 2001 has not lived up to its name. After months of griping about some of the fund’s underwhelming awards, the family members of seven 9/11 victims have filed a class action suit in federal district court in New York. The families claim that Kenneth Feinberg’s regulations and methodologies violate the Air Transportation Safety and System Stabilization Act of 2001 � the federal law that created the fund � by calculating awards using after-tax projections of lost income, and by discriminating against unmarried victims. The families also claim that Feinberg’s formulas improperly disregard victims’ annualized earnings for 2001, and impose unfair caps that undercompensate high-income families. If successful, the suit could force Feinberg to recalculate victim compensation using new formulas, which could boost the total cost of payouts by hundreds of millions of dollars. The families seek to certify a class consisting of personal representatives of virtually all of those who died as a result of the September 11 attacks on the World Trade Center. (The class would not include personal representatives of those killed in the Pentagon or the Pennsylvania plane crash.) Judge Alvin Hellerstein has issued an expedited schedule to govern all future proceedings. For Plaintiffs June Colaio et al. Salans (New York): John Cambria, Michael Johnson, counsel Dierdre Burgman, and associates Joshua Blosveren, Tiana Demas, and Jane Manning. Cambria has a long-standing relationship with some of the plaintiffs. For Defendants Kenneth R. Feinberg, John Ashcroft, and The U.S. Department of Justice Department of Justice (Washington, D.C.): Senior counsel Craig Blackwell. U.S. Attorney’s Office (Southern District of New York): Assistant U.S. attorney Andrew Schilling. Outlook On the expedited scheduling, oral argument on all motions began on April 14.

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