LegalNewsLine Logo  
Thursday, March 18 2010     Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
NEWSLETTER
Receive our FREE weekly newsletter
click here
LNL MOST POPULAR ARTICLES
+ Poll: Brown, Whitman neck-and-neck
+ AG Tom Miller lands in GOP crosshairs
+ Brown gets polluting hair products taken off store shelves
+ Whitman leads Brown in latest poll
+ Judgments filed against two in N.C. real estate scheme‏
LNL HOT TOPICS
+ Asbestos
+ Bankruptcy
+ Big Pharma
+ Class Action
+ Dickie Scruggs
+ Financial Crisis
+ Gasoline Prices
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Personal Injury
+ Sub-Prime Mortgages
State AGs 
 
Edmondson's lawyers face big payout in Big Chicken suit
Drew Edmondson
OKLAHOMA CITY -- As the latest chapter of Oklahoma Attorney General Drew Edmondson's Big Chicken saga drags on, the private attorneys he hired to fight it must be thinking settlement.

And why not? The lawyers have markers out for a goodly chunk of whatever the 14 chicken-producing companies the AG sued in 2005 for polluting Arkansas headwaters might pay to get out of the lawsuit, thanks to their controversial contingency-fee contract with the AG. That's despite some questionable connections and recent history.

The three firms - Miller & Keffer, LLP; Riggs, Abney, Neal, Turpen, Orbison & Lewis; and Motley Rice - won a legal battle early last year against the defendants to keep their contingency-fee contract with Edmondson. Defendants including agribusiness giants like Tyson, Inc. and Simmons Foods, Inc. charged that the three stood to collect a third of any award and that the contract was unconstitutional.

The firms' motion also charged Edmondson with seeking to enrich his favorite lawyers. They might have forgotten that one of the Big Chicken firms - Tulsa, OK-based Riggs, Abney - could legitimately claim to have had that pleasure already.

The Big Chicken suit - State of Oklahoma v. Tyson Foods et al. (docket# 05-CV-329-GKF-SAJ) - in the U.S. District Court for the Northern District of Oklahoma has now dragged into its third year after four fruitless years of negotiations. It centers around chicken waste allegedly spread by the defendants in the Illinois River headwaters, causing pollution in downstream Oklahoma.

The case has sparked a flurry of legal back-and-forths, most significantly with the judge's ruling last June that upheld the firms' contingency-fee agreement with the AG. That decision sparked outrage amongst groups like the U.S. Chamber of Commerce (sponsor of this publication) that oppose such fee arrangements between private attorneys and the state.

In an amicus curiae brief in the Big Chicken case, the National Chamber Litigation Center (NCLC) wrote: "The use of contingency fees to compensate litigating counsel turns on its head the traditional dictum that the state achieves its goals whenever justice is done, not when it wins a large award."

One of Edmondson's law firms already knows plenty about large awards. Of the $250 million in attorney fees generated by Edmondson's tobacco settlement a decade ago, Riggs Abney picked up $30 million for its share. In the years since, the firm and its attorneys have donated thousands of dollars to the campaigns of Edmondson and other prominent Oklahoma and national Democrats.

Motley Rice is a well-known plaintiffs' attorney but since signing on with Edmondson it has faced several problems, most recently in West Virginia for allegedly directing part of a contingency-fee settlement to an out-of-state beneficiary. Meanwhile, Miller & Keffer's Bill Keffer, a Texas state legislator, sponsored a bill there placing more restrictions on property-owners trying to sue companies for environmental damage.

Now Edmondson and the lawyers have moved to place a moratorium on further chicken-waste spreading in the Illinois River area, halting all such activity. Small farmers in the area are concerned and the Oklahoma Farm Bureau last month got permission to file a brief in the case on their behalf.

A legal resolution looks further away than ever. A settlement, though, may be ever closer.



Filed Under: State AGs


COMMENTS ON THIS ARTICLE:

No comments have been posted in the last 15 days!

SEND US YOUR COMMENTS ON THIS ARTICLE:


* - Required fields

Subject: *
Message: *
Contact Name: *
Contact URL:
Contact Email: *
This Is CAPTCHA Image
Write the characters in the image above: 

E-mail this article to a friend | Printer friendly format

MORE NEWS HEADLINES:
+ Goddard settles real estate suit - 3/18  
+ Stenehjem to seek fourth term as N.D. attorney general - 3/17  
+ Ohio pool company agrees to change business practices - 3/17  
+ AG Wasden faces possible pay cut - 3/17  
+ Nevada AG hails ruling on brothel advertising - 3/16  
+ Drug company to pay Florida $6.5 million for price manipulation&#... - 3/16  
+ Brown gets polluting hair products taken off store shelves - 3/16  
+ Hawaii AG pursues cigarette tax scofflaws - 3/16  
+ AG Tom Miller lands in GOP crosshairs - 3/15  
+ Bill would have let W.Va. AG probe fuel price-gouging - 3/15  


IN THE SPOTLIGHT:
Wednesday, March 10, 2010
Most of the judges on the New Mexico Court of Appeals get a failing grade when it comes to the "expansion of liability," according to a judicial evaluation report.
Read more...


+ 'Land of Enchantment' in 'Hellhole': Tort reform group calls New Mexico's appeals court 'pro-liability' - 3/2
+ Group puts the brakes on Honda class action settlement - 2/23
+ AG Brown, feds sitting out whisteblower suit against pipemaker - 2/18
+ Calif. AG hopeful vows to target public employee pension increases - 2/12
+ Nebraska AG Bruning's political star rising - 2/5
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
LATEST LNL BLOG ENTRIES:
+ Abbott: Beware Dietary Supplement Scams and 'Miracle' Health Claims
+ Abbott's signs of a scam
+ AG McCollum on convicts in the mortgage industry
NEWS WIDGET:
Attention bloggers:
Add Record Headlines to your site!


fast + free- click here

NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved.