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U.S. v. CUNNINGHAM

Nos. 09-5987, 09-5998.

679 F.3d 355 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Shirley A. CUNNINGHAM, Jr. (09-5987) and William J. Gallion (09-5998), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 1, 2012.

Attorney(s) appearing for the Case

ARGUED: T. Clifton Harviel , Harviel Law Offices, Memphis, TN, H. Louis Sirkin , Sirkin Kinsley & Nazzarine Co., LPA, Cincinnati, OH, for Appellants. Vijay Shanker , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: T. Clifton Harviel , Harviel Law Offices, Memphis, TN, H. Louis Sirkin , Scott Ryan Nazzarine , Sirkin Kinsley & Nazzarine Co., LPA, Cincinnati, OH, for Appellants. Vijay Shanker , United States Department of Justice, Washington, D.C., Charles P. Wisdom, Jr. , Assistant United States Attorney, Lexington, KY, Laura K. Voorhees , E.J. Walbourn , Assistant United States Attorneys, Ft. Mitchell, KY, for Appellee.

Before: BATCHELDER, Chief Judge; CLAY and GILMAN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Shirley Cunningham, Jr., and William Gallion were two of three Kentucky lawyers who represented several hundred Kentucky clients in a mass-tort action against the manufacturer of the defective drug "fen-phen." They settled the case for $200 million, which entitled them under their retainer agreements to approximately $22 million each in attorney fees. But rather than limit themselves to what they had contractually...

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