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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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