State Lawsuits Show Differing Strategies, Views on Private Attorney Contracts

  • Home >
  • Resources >
  • State Lawsuits Show Differing Strategies, Views on Private Attorney Contracts
May 29, 2018

The wave of six new opioid-related state lawsuits demonstrate the emerging differences in how state governments choose to litigate mass action cases, Legal Newsline reports in Forbes.

Five states chose to work the case with their own attorneys. Florida, however, hired four outside law firms who are entitled to a portion of the settlement or judgment that the state is awarded. Florida’s contract, though, limits the fees paid to private attorneys to 3.4 percent of any award, which is much lower than the usual 25-30 percent private lawyers can take from some other states.

The story notes the “layer of complexity” differing contracts add to the litigation, which have also caused tension in states like Tennessee and Arkansas where the attorneys general have tried to stop cities and counties from filing similar lawsuits.