A lawyer who performed research and writing services for a class action attorney is not entitled to split the more than $5.5 million in fees eventually awarded to class counsel, the U.S. Court of Appeals for the Third Circuit ruled Monday in Langer v. Capital One Auto Finance.

The panel said Pittsburgh attorney Rudy Fabian of Fabian Legal Services cannot recover a portion of the $5.52 million that Michigan attorney Richard Shenkan obtained for his role as lead class counsel in two class action lawsuits. The decision, which affirms a decision by the U.S. District Court for the Eastern District of Pennsylvania, leaves Fabian with $315,426 for the contracting work he performed on the cases.

Peter Phipps testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit Judge for the Third Circuit, on Wednesday, June 5, 2019. Peter Phipps. Photo: Diego M. Radzinschi/ALM