Civil Procedure
Oct. 23, 2026
9th Circuit questions authority to impose common benefit fees in MDL cases
A federal appeals panel questioned the legal basis for requiring attorneys to contribute portions of their clients' settlements to leadership counsel, potentially threatening a longstanding practice in multidistrict litigation.
A 9th U.S. Circuit Court of Appeals panel questioned Thursday whether federal judges have the authority to require attorneys in multidistrict litigation to surrender portions of their fees to leadership counsel, raising the possibility of a significant change in how lawyers are compensated in mass tort cases.
The hearing centered on a challenge to the distribution of approximately $24 million in common benefit fees in the Roundup weedkiller litigation, but the judges' questions...
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