Law firm asks 3rd Circuit to block court-ordered interviews of over 30 clients
Facing sanctions over thalidomide birth-defect litigation that was determined to be either baseless or time-barred, did the plaintiffs’ law firm dismiss 27 cases for its own benefit?
That is the question a federal judge in Philadelphia is asking and seeking to answer by having special master William Hangley interview more than 30 clients of Hagens Berman Sobol Shapiro, according to Forbes and the Legal Intelligencer (sub. req.).
However, the firm is fighting the plan, and has filed a writ of mandamus asking the Philadelphia-based 3rd U.S. Circuit Court of Appeals to block the interviews, citing attorney-client privilege.
“In the span of a few weeks … Hagens Berman went from actively litigating claims to dismissing them en masse,” U.S. District Judge Paul Diamond wrote in a Tuesday opinion (PDF). “Plainly, there is a more than sufficient factual basis for Mr. Hangley to conduct limited interviews of each plaintiff to ensure that he or she actually consented to these dismissals.”
“These sua sponte interrogations are without precedent or any basis in law or fact, will impinge on opinion work product and attorney-client communications, and have been constructed without adequate protections for that information,” says Hagens Berman in its federal petition, which was filed Monday. “The district court has exceeded its jurisdiction, and petitioners have been forced to seek relief from this court now because all of the damage will be done before the district court issues any final order that petitioners could appeal as of right.”
Related coverage:
ABAJournal.com: “Hagens Berman argument ‘gives new meaning to frivolous,’ judge says; sanctions imposed”
See also:
ABAJournal.com: “Thalidomide plaintiffs agree to $80M settlement in Australian case; discovery continues in US”
Globe and Mail: “Thalidomide victims give Ottawa deadline to firm up details on compensation “
