Three years after a Minneapolis jury awarded $11 million in a suit against Toyota over a high-speed crash that led to three deaths, the lawyers for some of the victims are in a bitter dispute over the spoils.
More than $1 million in legal fees is at stake, and law firms continue to battle over who gets what, with some accusing others of exaggerating their roles in winning the hefty verdict and appeals.
A jury found that a 1996 Toyota Camry's accelerator was defective.
"These money disputes between and among lawyers often bring out the worst in lawyers," says Joseph Daly, emeritus professor of law at Mitchell Hamline College of Law. "It fits the stereotype of lawyers not pursuing justice but pursuing money."
One firm, Napoli Shkolnik, based in New York, is accused by other lawyers of having so botched its role it should get no payout at all.
"What cannot be disputed is that the Napoli firm's conduct was grossly negligent, in reckless disregard of their duties as lead counsel and harmful to plaintiffs," wrote attorney W.B. Markovits of Cincinnati in a court document filed on Jan. 5.
The Napoli firm's response is sealed. But in an earlier brief, Napoli's Nicholas Farnolo argued that Napoli's lawyers did not conduct themselves "in bad faith" and that "no actual fraud was conducted and the firm deserves to be paid for its work."
It's all in the hands of U.S. District Judge Ann Montgomery, who presided at the February 2015 trial where lawyers for Koua Fong Lee of St. Paul convinced a jury that the fatal 2006 crash was caused by an accelerator that became stuck, increasing speed even as he applied the brakes.