Law360, New York ( September 4, 2014, 10:26 AM EDT) -- Over the past few months, a very capable defense lawyer, Joseph Ostoyich, has published two columns ("Looks Like Price-Fixing Among Class Action Plaintiffs Firms" and "So We Agree It's Price-Fixing, But ..." arguing that firms seeking to represent class plaintiffs are engaged in "naked price-fixing" of their attorneys' fees. This creative argument is wrong as a matter of law and fact. Plaintiffs' counsel don't set prices, much less agree on them; all they can do is petition the court for an award of fees. This is government-petitioning, not price-fixing....
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