Harry Dunn Case Update: Cutting Up the Settlement Pie

The case was settled out of court almost three months ago, as was publicly announced by the Dunn's spokesman, although the dollar ammount of the settlement is under court seal. I expect it will remain there, since that otherwise so voluable spokesman will want to keep us from learning how far short of his promised millions of dollars it fell. Also, the family is still raising donations from the public, and they wouldn't want to be seen partying in Ibeza now even if they could afford to do so. 

But what is not under seal is the argument over who gets a piece of that settlement. The first set of lawyers for the plaintiffs, Cohen Milstein, want one third of the award as per their contract to represent the Dunns on a contingency basis, and accordingly have filed a lien with the court. 

As for the defendants, they are out of the matter now and have filed for and obtained an 'interpleader' to handle the matter of divvying up the award. They may even have deposited the award with some third party. 

Meanwhile, the Dunns are contesting that claim by Cohen Milstein and are trying to claw back the one third that CM says its entitled to. In fact, the Dunns will not even consent to offered mediation between them and CM. They take the position that CM rolled the dice on a contingency contract but then quit the case before an award was negotiated, and so are entitled to nothing. Well, don't roll the dice if you can't pay the price. 

To which Cohen Milstein replies, we didn't quit the case, we were constructively terminated when “irreconcilable differences and professional considerations” arose that made continued representation of the Dunn family "untenable and unworkable." So, we'd still like that one third slice of the pie, please. 

Needless to say, the second set of lawyers who are now representing the Dunn family would like their own contractual slice of the pie, which is almost certain to be another one third. 

The case continues, with the next hearing scheduled for December 21 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr., to hear oral arguments about attorney fees.