Pa. SC rules against $4M attorneys fees in in a class action lawsuit against Kia Motors America | Legal Newsline | Michael P. Tremoglie | 12/5/11

English: 60163 Tornado brake shoe

Image via Wikipedia

HARRISBURG, Pa. (Legal Newsline) – The PA Supreme Court ruled that attorneys fees in a class action lawsuit against Kia Motors America were inappropriate.

The Supreme Court ruled that “Pennsylvania law is well established that a petition for attorneys’ fees is an ancillary matter, which the trial court retains authority to decide after entry of judgment on the verdict… Pennsylvania generally adheres to the ‘American Rule,’ under which ‘a litigant cannot recover counsel fees from an adverse party unless there is express statutory authorization, a clear agreement of the parties, or some other established exception.'”

The Plaintiffs’ in this 2001 class action claimed cited design defect in brake system, inadequate heat dissipation, premature wear of the brake pads, and warping of the rotors. Following a May 27, 2005  jury trial in Philadelphia Common Pleas Court, a verdict was rendered in favor of the Plaintiffs on the claim for breach of express warranty; and were awarded $600 in damages per class member. Plaintiff’s counsel seeks counsel $4,125,000 in fees in and $267,513 in costs and expenses of litigation.

For full article see Pa. SC rules against $4M attorneys fees | Legal News Line

Advertisements

About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
This entry was posted in Pennsylvania, Torts and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s