Plaintiffs’ Attorneys’ Fees and Costs. A. The Agreement on Attorneys’ Fees, Expenses and Costs is set forth in Exhibit R and incorporated herein by reference. The Agreement on the State Outside Counsel Fee Fund and Agreement on the State Cost Fund Administration are set forth in Exhibit U and Exhibit S, respectively, and are incorporated herein by reference.
Plaintiffs’ Attorneys’ Fees and Costs. A. Attorneys’ fees and costs are addressed in the following exhibits and are incorporated herein by reference:
1. The State Outside Counsel Fee Fund is addressed in Exhibit U.
2. The State Cost Fund is addressed in Exhibit S.
3. The Attorney Fee and Cost Fund is addressed and the Agreement on Attorneys’ Fees, Expenses and Costs is set forth in Exhibit R.
Plaintiffs’ Attorneys’ Fees and Costs. The Agreement on Attorneys’ Fees, Expenses and Costs is set forth in Exhibit R and incorporated herein by reference. CVS shall pay subdivision attorneys’ fees and costs into the Subdivision Attorney’s Fee and Subdivision Cost and Expense Fund as set forth in Exhibit R and Exhibit M-3. The Agreement on the State Outside Counsel Fee Fund and Agreement on the Joint State Cost Fund are set forth in Exhibit S and Exhibit T, respectively, and are incorporated herein by reference. Attorneys’ fees, expenses and costs shall not exceed the maximum annual and total amounts set forth in the relevant columns of Exhibits M-1 and M-3 and shall be subject to reduction as set forth in Exhibit R, Exhibit S, and Exhibit T.
Plaintiffs’ Attorneys’ Fees and Costs.
A. The procedures to allocate and disburse the Attorney Fee Fund to Litigating Tribes’ counsel shall be the subject of a separate document to which Walmart and the Released Entities shall not be parties, but which shall be consistent with Section
Plaintiffs’ Attorneys’ Fees and Costs.
A. It is the intent of the Parties that the attorneys’ fees and costs for New York State and its Subdivisions shall be addressed consistent with the national settlement, except as set forth in subsection B below.
1. If the Global Settlement is consummated, attorneys’ fees and costs for the Subdivisions shall be addressed through the mechanisms in such national settlement and any accompanying agreement related to attorneys’ fees.
B. Regardless of whether and when the Global Settlement becomes effective, no later than September 30, 2021 or 15 days after the Court orders the Stipulation of Discontinuance with Prejudice entered between the Settling Distributors and Nassau and Suffolk Counties per Section III.B, whichever is later, except for the payment described in paragraph 5 below, which shall be made in two equal payments on the Payment Dates for Payment Year 1 and Payment Year 3, the Settling Distributors shall pay:
1. $40,000,000 for Napoli Xxxxxxxx PLLC’s and Xxxxxxx Xxxxx Xxxxxx LLC’s attorney fees in satisfaction of their contingency fee agreements associated with their representation of Nassau and Suffolk Counties which shall be divided according to the allocation percentage of Nassau and Suffolk Counties as set forth in the Intrastate Allocation Agreement annexed hereto as Exhibit N. The firms have provided their wire information to the Settling Distributors for that purpose. Napoli Xxxxxxxx PLLC and Xxxxxxx Xxxxx Xxxxxx LLC shall waive their contingency fee contracts with Nassau and Suffolk Counties, respectively. In consideration for this, Napoli Xxxxxxxx PLLC and Xxxxxxx Xxxxx Xxxxxx LLC further agree that they will seek reimbursement for attorney fees for Nassau County and Suffolk County and other New York State clients from the Global Settlement Contingency Fee Fund and/or Global Settlement Common Benefit Fund, if effective, or the New York State equivalent, if not, and will not otherwise seek to enforce their contingency fee contracts. Napoli Xxxxxxxx PLLC and Xxxxxxx Xxxxx LLC shall direct the administrators of the Global Settlement Contingency Fee Fund and the Global Settlement Common Benefit Funds to disburse any and all payments allocated to each of those firms to the Settling Distributors until the Settling Distributors have been repaid the $40,000,000 paid under this provision. To the extent that Napoli Xxxxxxxx PLLC’s and Xxxxxxx Xxxxx Xxxxxx LLC’s allocations from those funds and from the Subdivision Cost Fund in paragraph 2 below d...
Plaintiffs’ Attorneys’ Fees and Costs a. Plaintiffs, as prevailing parties, agree to accept and Defendants agree to pay Plaintiffs’ Counsel the sum of $975,000 in attorney’s fees and costs for work through the Effective Date of this Agreement, as well as anticipated reasonable fees and costs for Plaintiff Counsel’s work performed through the submission of the Agreement to the Court for preliminary and final approval, and also for work performed in conjunction with monitoring Defendants’ compliance with this Agreement. This amount also includes the anticipated fees and costs for Plaintiffs’ Counsel to provide notice to the class, notwithstanding Defendants’ obligation to bear the costs of publication and mailing in Section VII(c)(vi). As set forth in Section VII, Plaintiffs may also seek future attorney’s fees by motion to the Court in connection with the dispute resolution process.
b. Pursuant to Federal Rule of Civil Procedure 23(h), Plaintiffs will file an unopposed motion for attorneys’ fees prior to final approval by the Court.
c. Payment of attorney’s fees and costs will be made after Defendants’ Counsel receives necessary paperwork for processing, which may include, but is not limited to:
i. Completed State of New Jersey W-9(s);
ii. State of New Jersey Vendor Invoices and/or signed vouchers from Plaintiffs’ Counsel;
iii. Registration through the New Jersey Treasury to the extent necessary for the Treasury to process payment.
d. Defendants will make payment of attorney’s fees and costs as soon as practicable after the Effective Date, following receipt of the necessary paperwork. Payment will be made by check a lump sum to American Civil Liberties Union of New Jersey Attorney Trust Account. A 1099 shall be issued to the American Civil Liberties Union of New Jersey. Although Defendants make no guarantee, payment may be made within 60 days of such receipt. Should payment not be made within 90 days, the Parties may seek the assistance of the Court.
Plaintiffs’ Attorneys’ Fees and Costs. A. The procedures to allocate and disburse the Attorney Fee Fund to Litigating Tribes’ counsel shall be the subject of a separate document to which CVS and the Released Entities shall not be parties, but which shall be consistent with Section III.A.2 of this Agreement. Any costs incurred in allocating and disbursing the Attorney Fee Fund shall be borne by the Attorney Fee Fund.
B. An attorney representing the Participating Tribes may not receive any payment from the Attorney Fee Fund unless such attorney presents this Agreement to each tribal opioid client in good faith and uses best efforts to secure participation as set forth in Section V.A above.
C. For the avoidance of doubt, the TLC shall propose and receive approval from the MDL Court for any funds to be paid to the Common Benefit Fund as required by the Ongoing Common Benefit Order, such that CVS is under no obligation to hold back and pay over any funds to the Common Benefit Fund. Any funds owed to the Common Benefit Fund as a result of this Agreement shall be paid from the Attorney Fee Fund.
D. CVS agrees that attorneys representing Participating Tribes have timely reached a settlement for Released Claims with CVS and/or Released Entities, such that these attorneys may be eligible for Common Benefit Fund consideration as set forth in Exhibit R of CVS’s global national opioid settlement dated December 9, 2022.
Plaintiffs’ Attorneys’ Fees and Costs. A. The procedures to allocate and disburse the Attorney Fee Fund to Litigating Tribes’ counsel shall be the subject of a separate document to which Allergan and the Released Entities shall not be parties. Any costs incurred in allocating and disbursing the Attorney Fee Fund shall be borne by the Attorney Fee Fund.
B. An attorney representing the Participating Tribes may not receive any payment from the Attorney Fee Fund unless such attorney presents this settlement to each tribal opioid client in good faith and uses best efforts to secure participation as set forth in Paragraph VI.A above.
C. For the avoidance of doubt, the TLC shall propose and receive approval from the MDL Court for any funds to be paid to the Common Benefit Fund, as defined in Judge Xxxxxxx’x May 9, 2022 Order (ECF No. 4428), such that Allergan is under no obligation to hold back any funds for any Common Benefit Assessment. Any funds owed to the Common Benefit Fund shall be paid from the Attorney Fee Fund.
X. Xxxxxxxx agrees that attorneys representing Participating Tribes have timely reached a settlement for Released Claims with Allergan and/or Released Entities, such that these attorneys may be eligible for Common Benefit Fund consideration as set forth in Exhibit R of the Global Settlement.
Plaintiffs’ Attorneys’ Fees and Costs. A. The procedures to allocate and disburse the Attorney Fee Fund to Litigating Tribes’ counsel shall be the subject of a separate document to which the Settling Distributors and the Released Entities shall not be parties. Any costs or expenses incurred in allocating and disbursing the Attorney Fee Fund shall be borne by the Attorney Fee Fund.
B. An attorney or law firm representing the Participating Tribes may not receive any payment from the Attorney Fee Fund unless they represent that they have no present intent to represent or participate in the representation of any Later Litigating Tribes or any Releasor with respect to Released Claims against Released Entities and unless such attorney presents or has presented this settlement to each tribal opioid client in good faith and uses best efforts to secure participation as set forth in Section VI.A above.
C. The Settling Distributors agree that attorneys representing Participating Tribes have timely reached a settlement for Released Claims with Settling Distributors and/or Released Entities, as set forth in Exhibit R, Section II.C.2 of the Global Settlement.
Plaintiffs’ Attorneys’ Fees and Costs. The procedures to allocate and disburse attorneys’ fees, including the Common Benefit Attorney Fee Fund, to Litigating Tribes’ counsel shall be the subject of a separate document to which McKinsey and the Released Entities shall not be parties, but which shall be consistent with
