"Cats and Dogs, Living Together in the Streets!"
That was my first thought when a little birdie passed along yet another interesting pleading in the massive HMO litigation, now in its final death throes before Judge Moreno. I guess what they say about politics also applies to HMO, in that two very strange bedfellows appear on this pleading: Milberg Weiss and Ed Moss.
Yes, slow-talkin', fast-thinkin' Ed Moss, having successfully transformed himself from a self-made plaintiffs' lawyer to a defender of all things corporate for mega-firm Shook Hardy & Bacon, has entered an appearance for the beleaguered Milberg Weiss, in a November 6, 2007 fee application that will blow your socks off.
In it, Ed (along with Shook partner Richard C. Smith) allege that Milberg Weiss was cut completely out of the fee application jointly submitted by plaintiffs' counsel, despite having expended over a million dollars in out-of-pocket costs, and over 25,000(!) hours of time, for a corresponding lodestar of nearly $9 million.
As was explained to me, and some of this appears in the pleadings, apparently a group of lawyers from Milberg, after litigating HMO and related state cases for several years, jumped ship to Joe Whatley's firm, taking the HMO litigation with them. They then litigated the case there, and submitted their time as part of Whatley's fee application.
It's not clear, however, why the earlier Milberg time and expenses were not included, or why they would not be entitled to reimbursement of the million dollars they expended as part of the joint prosecutorial effort. I'm sure Whatley will explain, although he has not yet filed a response.
All I know is that, with Ed on the case, Milberg is in very good hands.
Is it just me or as HMO winds down it gets more and more interesting?
Yes, slow-talkin', fast-thinkin' Ed Moss, having successfully transformed himself from a self-made plaintiffs' lawyer to a defender of all things corporate for mega-firm Shook Hardy & Bacon, has entered an appearance for the beleaguered Milberg Weiss, in a November 6, 2007 fee application that will blow your socks off.
In it, Ed (along with Shook partner Richard C. Smith) allege that Milberg Weiss was cut completely out of the fee application jointly submitted by plaintiffs' counsel, despite having expended over a million dollars in out-of-pocket costs, and over 25,000(!) hours of time, for a corresponding lodestar of nearly $9 million.
As was explained to me, and some of this appears in the pleadings, apparently a group of lawyers from Milberg, after litigating HMO and related state cases for several years, jumped ship to Joe Whatley's firm, taking the HMO litigation with them. They then litigated the case there, and submitted their time as part of Whatley's fee application.
It's not clear, however, why the earlier Milberg time and expenses were not included, or why they would not be entitled to reimbursement of the million dollars they expended as part of the joint prosecutorial effort. I'm sure Whatley will explain, although he has not yet filed a response.
All I know is that, with Ed on the case, Milberg is in very good hands.
Is it just me or as HMO winds down it gets more and more interesting?
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