Nagel Rice Legal Source For Personal Injury & Medical Malpractice

High Court Urged To Nix $9.2M Attorneys’ Fee In VW Settlement

By Greg Kohn
A class member in a consolidated suit against Volkswagen of America Inc. over leaky sunroofs told the U.S. Supreme Court that the Third Circuit and a magistrate judge shouldn’t have approved a $9.2 million attorneys’ fee award. The objector is now arguing that the Supreme Court has never addressed whether federal law authorizing non-Article III magistrate judges to issue final judgments in civil cases assigned by the Constitution to Article III decision-makers upon the consent of the parties is consistent with Article III.”This question is especially pertinent in the class-action context, where the consent of the named plaintiffs alone to proceed before a magistrate judge supposedly serves to bar the absent class members from adjudicating their claims before an Article III judge,” the petition said.

Bruce H. Nagel of Nagel Rice LLP, which is representing Braverman, said that they “hope the court agrees that these issues need to be addressed.”

 Click here for Law360’s article

The attorneys at Nagel Rice, LLP represent clients throughout New York and New Jersey in a wide range of matters including personal injury, automobile accidents, brain injuries, medical malpractice, business litigation, and class action cases.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.
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