Law Offices of Ben C. Martin v. Babbit & Johnson, P.A. (9th Cir. 2023) 81 F.4th 897
A court administering a multi-district litigation proceeding has the power to require common fund benefit assessments--i.e., payments into the MDL proceeding's common benefit fund--from recoveries in non-MDL cases if (1) counsel for claimants in a non-MDL case voluntarily consents to the district court’s authority by signing, or otherwise entering into, a participation agreement requiring contributions in exchange for access to… Read More