DOWNING v. GOLDMAN PHIPPS, PLLC

No. 13-2345.

764 F.3d 906 (2014)

Don M. DOWNING; Adam J. Levitt, on behalf of themselves and those similarly situated Plaintiffs-Appellants v. GOLDMAN PHIPPS, PLLC; Goldman, Pennebaker & Phipps, P.C.; Martin Phipps; Keller Stolarczyk, PLLC; Mikal C. Watts, PC; Mikal C. Watts; Stephen B. Murray, Sr.; Murray Law Firm; Charles A. Banks; Banks Law Firm Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2014.


Attorney(s) appearing for the Case

Gretchen Garrison , argued, Saint Louis, MO, ( Don Manley Downing , Adam J. Levitt , of Chicago, IL, and Stacey Kelly Breen of New York, NY, on the brief) for Plaintiffs-Appellants.

Kimberly S. Keller , argued, Boerne, TX, ( Michael Gross , St. Louis, MO, on the brief), for Defendants-Appellees.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.


MURPHY, Circuit Judge.

Plaintiff class representatives Don Downing and Adam Levitt (Downing), lead counsel in a large multidistrict litigation (MDL) against Bayer CropScience LP and other defendants (Bayer), brought this action for unjust enrichment and quantum meruit against other plaintiff lawyers. The class alleges these other lawyers benefitted in their state court actions from litigation materials and work product generated in the MDL by the plaintiff class but...

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