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Remedies Keyed to Tabb, 8th
Krause v. Rhodes
Citation:
640 F.2d 214 (1981)Facts
The Kent State shooting litigation began in 1970 when plaintiffs sought damages under 42 U.S.C. § 1983 for injuries and deaths resulting from the May 4, 1970 incident. Steven Sindell originally represented 12 plaintiffs under 33⅓% contingent fee contracts. After an initial adverse jury verdict, all plaintiffs signed an agreement naming the ACLU as lead counsel for appellate proceedings. The ACLU team, headed by Sanford Jay Rosen, successfully appealed and obtained a new trial. During the second trial, the State of Ohio (not a party to the litigation) offered $675,000 to settle, explicitly conditioned upon $600,000 going directly to plaintiffs undiluted by legal fees, with $50,000 designated for all attorney’s fees and $25,000 for expenses. Judge Thomas approved this settlement over Sindell’s objection, allocating $33,740 of the $50,000 fee fund to Sindell’s associated firms while the ACLU received nothing despite securing the settlement.
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