YOUR AD HERE — REACH DISCERNING READERS OF SERIOUS JOURNALISM
Rates upon inquiry. Clowns extra.
COURTS✒ EDITORIALABSURDITY:
Hawaii high court lets lawyers keep $222M from Maui fire settlement
Filed 51m ago · Via Courthouse News · The Buffoon Desk
THIS STORY IS SCORED
DarxieLand
Kevin MacLeod · incompetech.com · CC BY 4.0
Photo: Packer1028 · CC0 · via Wikimedia Commons
Hawaii's Supreme Court upheld most of a $222 million Common Benefit Fund carved out of the $4.037 billion Maui wildfire settlement to pay attorneys, three years after the Lahaina fire killed 102 people and became the deadliest U.S. wildfire in a century.
The justices rejected claims that the fund was an illegal taking or that it charged clients for lawyers they never hired, with Justice Todd Eddins writing there's 'no eleventh slice,' just a shared cost of assembling the settlement. They did strike three provisions that made fee awards unappealable and froze payments during any appeal, ruling government can't condition a benefit on surrendering a protected right.
The case returns to Second Circuit Judge Peter Cahill's court, where attorneys can now challenge their fee awards without having payments frozen. The fund, schedule, and review board all remain in place, with the board still processing applications.
The full dispatch is available from the source below.
✒ FROM THE EDITORIAL DESK
A fund that pays the lawyers who built the settlement isn't crazy on its face, somebody has to bake the pie before anyone gets a slice. But when the only part of the order that falls apart under scrutiny is the part that tried to stop lawyers from questioning their own fees, you start to wonder who that provision was really protecting. The $222 million stays put either way, which tells you plenty about where the leverage sits in a disaster this size.